These terms and conditions are the contract between you and BLOOMING HAUS LTD (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
I / We are Blooming Haus Ltd, registered in the UK, company number 08928342. Our address is Arch 707-709, in Havelock Terrace, London, SW8 4AR.
You are: Anyone who uses Our Website.
1. Cancellation and refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
1.1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
1.2. The following rules apply to cancellation of your order:
1.2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
1.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
1.2.3 We will return your money subject to the following conditions:
1.2.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
1.2.3.2 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
1.3. The option to cancel your order is not available:
1.3.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
1.3.2 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
1.3.3 if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
1.3.4 If the goods you ordered are perishable, such as flowers, bouquets, flower arrangements, plants, planted arrangements, edible goods.
1.4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
1.5. In any of the above scenarios, we will return your money within 14 days.
2. Liability for subsequent defects
2.1. Please examine the hard Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
2.2. Please examine all perishable goods immediately you receive them. If you do not tell us of any defect or problem within 24 hours of receipt of the perishable Goods, we shall assume that you have accepted them.
2.3. The procedure to return the faulty Goods is as follows:
2.3.1 the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
2.3.2 before you return the Goods to us, please carefully re-read the instructions if such exist and check that you have assembled it correctly.
2.3.3 please follow the returns procedure provided on our website.
2.4. We will return your money subject to the following conditions:
2.4.1 we receive the Goods with labels and packaging intact.
2.4.2 you comply with our returns procedure. We cannot return your money unless we know who sent them.
2.4.3 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
2.5. If any defect or damage is found, then we shall:
2.5.1 repair or replace the Goods, or
2.5.2 refund the full cost you have paid including the cost of returning the Goods.
3. Delivery and pick up
3.1. Goods are delivered within 24-48 hours from the day you place an order to purchase the Goods, as requested at the checkout. Perishable Goods require a 24 hour notice. This allows us to purchase fresh products, condition them in our studio and prepare bouquets, planted or flower arrangements for delivery. Out of London deliveries are carried out by a third-party courier, such as DPX, DHL, UPS or DPD or others. In special circumstances, larger national orders are fulfilled by one of trusted local suppliers who who will hand-deliver your order. All local London deliveries will be delivered with a cargo bike, a car or a van. Such deliveries are normally scheduled for delivery after 4-5pm, however, we can also accommodate for other delivery slots upon request. Should no recipient be at the address during the delivery, the items will be delivered at reception, with a concierge, with a neighbour or left in safe place. The sender will be notified if this occurs. All hard-goods are processed and delivered with couriers, such as DPX, DHL, UPS, DPD or others.
3.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
3.3. If we are not able to deliver your Goods within 2 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
3.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery. We will inform you if this is the case.
3.5. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us. All perishable goods will be delivered to a concierge, reception, neighbour or left in a safe place if no one is present at the delivery address.
3.6. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
3.7. Signing "Unchecked", "Not Checked" or similar is not acceptable.
3.8. Goods are sent by post or with a our local London couriers. We will send you a message by email to tell you when we have despatched your order.
3.9. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
3.10. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
3.11. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
3.12. We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank.
3.13. If you pick up Goods from our premises then:
3.13.1 we will not be able to assist you in loading heavy items;
3.13.2 Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
3.13.3 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
4. Foreign taxes and duties
4.1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
4.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
5. Goods returned
These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:
5.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
5.2. Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
5.3. The non-perishable Goods must be returned to us as soon as any defect is discovered but not later than 14 days]
5.4. So far as possible, Goods should be returned:
5.4.1 with both Goods and all packaging as far as possible in their original condition;
5.4.2 securely wrapped;
5.4.3 including our delivery slip
5.4.4 at your risk and cost.
5.5. You must tell us by email message to contact@bloominghaus.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
5.6. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
5.7. If we agree that the Goods are faulty, we will:
5.7.1 refund the cost of return carriage;
5.7.2 repair or replace the Goods as we choose.
5.8. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
6. Disclaimers
6.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
6.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
6.3. We make no representation or warranty for:
6.3.1 the quality of the Goods;
6.3.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
6.3.3 the correspondence of the Goods with any description;
6.3.4 the adequacy or appropriateness of the Goods for your purpose.
6.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
6.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
6.6. We make no representation or warranty and accept no responsibility in law for:
6.6.1 accuracy of any Content or the impression or effect it gives;
6.6.2 delivery of Content, material or any message;
6.6.3 privacy of any transmission;
6.6.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
6.6.5 any aspect or characteristic of any goods or services advertised on Our Website;
6.7. Our Website may include Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
6.8. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
6.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
6.10. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999.
6.11. If you become aware of any breach of any term of this agreement by any person, please tell us by emailing contact@bloominghaus.com We welcome your input but do not guarantee to agree with your judgement.
6.12. Nothing in this agreement excludes liability for a party's fraud.
Notice of right of cancellation: Right to Cancel and Model Cancellation Form
Information about your statutory right to cancel
Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.
You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.
Cancellation form
To [here enter the trader’s name, geographical address and, where available, fax number and e-mail address are to be inserted by the trader]:
I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].
Ordered on [date]/received on [date],
Name: [enter name or names in which the order was made],
Address: [enter your address],
Signature: (only if this form is notified on paper)
Date: [date]