Last Updated: 1/24/22
Welcome to Herablooms and our Terms and Conditions (the “Agreement”). This Agreement is important and contains Terms and Conditions that affect your legal rights.
By accessing or using the websites (desktop or mobile) (collectively, the “Site”) provided by Herablooms or our subsidiaries or affiliates (herein referred to as “Herablooms,” “we,” “us” or “our”), including, without limitation, www.herablooms.com, pursuant to which we offer products for purchase (the “Products”) (collectively, with the Site, the “Services”), you agree to be bound by the Terms and Conditions contained in this Agreement and all other Terms incorporated herein by reference. Some of the Services may be subject to additional Terms and Conditions we specify from time to time; your use of such Services is subject to those additional Terms and Conditions, which are incorporated into this Agreement by reference. This Agreement applies to all users of the Site.
We May Make Changes to These Terms
This Agreement may be updated from time to time to reflect changes in law, best practices, or a change in our practices. The date of the most recent revision will appear at the top of this page. If you do not agree to the changes, please do not continue to use our Site and please refrain from buying products from us. You should check this Agreement frequently for updates.
Additional Terms That May Apply to You
These Terms and Conditions refer to the following additional terms, which also apply to your use of our Site:
- Our Privacy Notice
- Our Cookies Notice
We will only use your personal information as set out in our privacy notice.
Eligibility to Purchase
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Herablooms' Terms of Eligibility, who have been issued a valid credit/debit card by a bank acceptable to Herablooms, and who have authorized Herablooms to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
By making an offer to purchase products, you expressly authorized us to perform credit checks and, where Herablooms feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Descriptions Contained on the Site
Herablooms aims to be accurate when describing and displaying products on the Site; however, items may occasionally be inaccurate in price, description and/or stock. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and sizing may vary between products, variants, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of the color display of products offered on the Site. As a result, and as set forth in the Disclaimers section below, Herablooms assumes no guarantee the accuracy, reliability, currency or completeness of the information on the Site, including prices, images, descriptions, specifications, and indications of availability. Herablooms does not amount to a promise that such product will be available at any time. Changes to or improvements in such products may be made at any time without notice.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.
At any time the prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
We accept American Express, Discover, Visa and Mastercard debit and credit cards. We also accept payments through the following service providers: Apple Pay, Diners Club, Facebook Pay, Google Pay, Paypal and Shop Pay. If selecting a service provider as your payment method, you may be directed to the provider's respective website to complete your purchase before returning to Herablooms. We do not accept cash, checks or money orders for online orders.
If the issuer of your credit/debit card refuses to authorize payment to Herablooms, we will not be liable for any delay, non-delivery, or item that runs out of stock.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Shopify Payments, a secure online payment gateway that encrypts your card details in a secure host environment.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Purchases may be subject to sales, use, excise and other tax in some jurisdictions. It is your responsibility to ascertain and pay all taxes due. If you are claiming exemption from sales tax, you must have the appropriate documentation on file with us prior to the release of the property.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
Once an order is placed it cannot be canceled and we cannot combine shipping on multiple orders.
For domestic orders, please allow at least 5-10 business days for order processing and verification.
For international orders, please:
(a) Allow at least 10-15 business days for order processing and verification.
(b) Note customers are responsible for paying applicable duties. Herablooms will not calculate, invoice, or collect any taxes, duties, import fees, or related amounts or charges other than shipping costs at checkout.
For customer protection, Herablooms is unable to change/intercept the shipping address of a package to alter its delivery, and Herablooms will only ship to the address provided at checkout.
Exchanges and Returns
All live floral sales are final and no refunds, returns, exchanges, or store credit will be issued. The exception being a return request as a result of our error. If we made an error, please email us at firstname.lastname@example.org as soon as you can. You will have 14 days to make the request.
Subscription Terms and Conditions
We may use third parties to prepare, publish and distribute promotional emails and notifications. If you previously had subscribed to our emails and notifications, we will send any future emails and notifications to the original email address provided unless we are told otherwise.
Limitations of Liability/Disclaimers
HERABLOOMS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, SERVICES, OR PRODUCTS ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS"; AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HERABLOOMS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HERABLOOMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT OR PRODUCTS OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, HERABLOOMS SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL HERABLOOMS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HERABLOOMS BE LIABLE FOR ANY
DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE SITE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are a California resident, you hereby waive California Civil Code Section
1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Herablooms owns the copyright in the design, architecture, and content published on the Site except where otherwise indicated by a third party's proprietary notice. Images, trademarks, identifiers, and brands are also protected by other intellectual property laws and may not be reproduced, copied, modified or appropriated in any manner without written permission of Herablooms or our respective owners (as applicable).
Except as expressly set forth above, nothing in this Agreement shall be deemed to grant to you or any other individual or entity any license or right in or to any copyright, trademark, trade secret or other proprietary right, whether owned by Herablooms, or any other person.
Third Party Links
We are not responsible for Websites to which we link. We are not responsible for the content of any other website from which you have accessed the Site or to which you may hyperlink from the Site and cannot be held liable for any loss or damage you incur as a result thereof.
Submission of Ideas Not Accepted
While Herablooms appreciates your comments and is happy to answer your questions about our products, services, and company, we generally do not accept any unsolicited ideas including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Herabloos an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
Unauthorized Use of Site
You agree that you shall not:
(a) Take any action to interfere with, or disrupt, the Website or any other user's use of the Site, including, without limitation, via means of overloading or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Site within another Site. You may not use automated data mining techniques or devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate, reverse engineer, or disassemble the Site, such as automating what are otherwise manual or one-off procedures.
(b) Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit in any way the Site or any Materials obtained from or through the Site.
You may make a print copy of parts of the Site as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers, unless specifically prohibited by a notice published on any page. All other use is prohibited.
directors, officers, assignees, agents, business partners, licensors, parents, subsidiaries, affiliates, contractors, distribution partners, supplier partners, successors, transferees, and representatives from and against any and all claims, demands, liabilities, suits, losses, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.
The failure of Herablooms to partially or fully exercise any rights or the waiver
of Herablooms of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Herablooms or be deemed a waiver by Herablooms of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Herablooms under these Terms and Conditions and any other applicable agreement between you and Herablooms shall be cumulative, and the exercise of any such right or remedy shall not limit Herablooms' right to exercise any other right or remedy.
These conditions of use are governed by the laws of the State of Maryland in the United States of America. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in Maryland for all matters.
To the extent that any part of these Terms and Conditions is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.
You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Herablooms expressly reserves the right to monitor any and all use of the Sites and Services. Herablooms also reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site or Services and/or Materials. Herablooms' decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of Herablooms legal rights.
These Terms and Conditions constitute the entire Areement between you and Herablooms with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and representations, whether written, oral, or otherwise.
If you have any questions about the Terms and Conditions, please feel free to contact us using the contact information available on our website.