Terms and Conditions

Last updated 11th April, 2023.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“YOU”) and Sai Floritech Private Limited (“Company”, “we”, “us”, or “our”), concerning your access to and use of the BloomsFlora website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be chained by all these Terms of Use. If you do not come to an agreement with all of these terms of use, then you are expressly not approved from using the site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subjected to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of this Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requisite within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations did so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise ; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Products

You may pay for the items which you order Online by supplying your credit/debit card details on the secure Online order form. We don’t accept cheques or cash on delivery.

We make a constant endeavour to display as precise as possible the colours, features, specifications, and details of the products available on the Site. However, we do not assure that the colours, specifications, and details of the products will be distinct, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Products only contain the items listed in the product description. Vases and other items are not included unless stated in the product description. Product photos of flower bouquets represent the average bouquet size, and may vary in minor ways (please see our Substitution Policy, below). Blooms Flora is not responsible for decreased flower and plant quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.

Flower arrangements are exceptional and handmade, so no two are ever identical. Every effort is made to match orders as closely as possible to the product photos and descriptions. While minor variations are sometimes necessary, the concept and value of the item ordered is always guaranteed.

PURCHASES AND PAYMENT

We accept the following forms of payment:

You agree to provide current, complete, and accurate purchase and account information for all purchases via the Site. You further agree to promptly update account and payment information, including email address, payment address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as we deem required. We may change prices at any time. All payments shall be in INR.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. 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 payment methods, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

If you provide us with incorrect or invalid credit card or payment information, we cannot process your order. We will attempt to contact you to resolve the issue, but you will be responsible for any issues arising as a result thereof.

For Orders Outside India

Unless otherwise specified, the materials on this website are intended for delivery within India only. We make no representation that any item referred to on this website is appropriate for use or available in locations outside of India. If you access this website from locations outside India, you are responsible for compliance with applicable local laws, if and to the extent local laws are applicable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us,

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site or modifiers, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or make attempts to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including bot but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending volunteered email, or creating user accounts by automated means or under false pretexts.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.

USER-GENERATED CONTRIBUTIONS

• The Site does not offer users to submit or post content, except displaying of customer reviews. We may provide you with the opportunity to create, submit, display, distribute, or broadcast content and materials to us or on the Site. Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
• The creation, distribution, transmission, public display, or performance, and accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• You have the written sanction, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, ribald, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

SUBSTITUTION POLICY

Occasionally, due to temporary regional availability issues, it may be necessary to substitute the flowers or containers ordered through BloomsFlora. In this case, BloomsFlora' expertise florists will strive to shape the style, theme, and colour scheme of the arrangement, while substituting items of equal or higher value. However, BloomsFlora reserves the right to substitute the flowers (Including specified colour) or other products with equal or higher value in the event that the desired product is unavailable. 

 BloomsFlora is not entitled to inform the customer of flower substitutions as to deliver the orders on time. If the customer and BloomsFlora jointly concur that the flower substitution has not done justice to the original order, the customer is entitled to re-delivery of flowers and concessions in the form of discounts for future orders.

Your Profile

You may register with us to purchase items using this website. You are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorized access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner. Please ensure the details you provide us with on registration are correct and complete and inform us immediately of any changes to those details. You can access and update your registration details using the “My Account” area of the website. We reserve the right to refuse access to the Site, terminate accounts, remove or edit Content, or cancel orders at our discretion. 

Delivery Schemes

Delivery of items purchased from our store is available seven days a week. We make every exertion to dispatch items on time and will be liable to provide a full refund in the event that we are unable to deliver the goods within the time period specified in the confirmation email. Upon delivery of goods, responsibility for loss, breakage, and damage passes to the customer, and ownership of goods only transfers to the customer upon receipt of payment in full. Customers are required to sign upon acceptance of goods in order to confirm that the goods were received in good condition. In the event of a missing or broken item upon opening the package, customers should contact us immediately. 

If we are unable to deliver your item on the selected date due to circumstances within our control, you are entitled to a full refund. If, on the other hand, we are unable to make a delivery as scheduled due to circumstances outside our control (the unavailability of your recipient or a wrong address, for example), we do not issue a refund.

Orders to hospitals, hotels, or company addresses are not guaranteed, but in most cases arrive as requested. If your delivery is going to such a location, please provide the name and telephone number of the hospital, hotel, or company. In the case of hospitals, we also need the recipient’s ward and room number. BloomsFlora will attempt to deliver your bouquet in accordance with each facility’s procedures, but cannot be held liable if these procedures prevent successful delivery. Please note that many hospitals do not permit delivery to individual rooms, and that most ICUs do not permit flower delivery at all. Please check with the hospital before placing your order.  BloomsFlora cannot issue a refund if unable to make a delivery due to these issues.

If a recipient refuses delivery, you will not be entitled to a refund.

CONTRIBUTION LICENSE 

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices.

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in Your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

ORDER CANCELLATION

If you wish to cancel your order, please contact our Customer Services online. Same-day orders cannot be cancelled as we try to process them immediately. If your order has already been dispatched, you will be charged for the delivery. If there is any complaint regarding the quality of the product being delivered, we will investigate the issue and if it is found to be true, the customer will receive a full refund or the product will be replaced. Please note that once we have dispatched items to you, you will not be able to cancel any contract you have with us for additional services carried out by us.

Cancellations for a full refund are allowed if made two business days prior to the scheduled delivery date. If an order is cancelled less than one business day prior to the delivery date, no refund will be issued. 

SITE MANAGEMENT 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use: (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use: including without limitation, reporting such user to law enforcement authorities: (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof: (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems: and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

REFUNDS RELATED TO INCORRECT ITEMS

Your purchase is final and non-refundable. Subject to the other Term and Conditions, no product or service may be returned. “Refunds will be done only through the Original Mode of Payment”.

If we have sent you an incorrect item, please notify our Customer Services within 24 hours and they will arrange for a Re-delivery or a partial refund. 

We will reimburse any reasonable costs you incur in returning the following items to us:

• Items we delivered to you in error
• Items that were damaged upon delivery, defective, or incorrect
• Items which are substitutes for items originally ordered that we were unable to supply.
• Until you return such items to us you are responsible for their safekeeping and taking reasonable care of them.

BloomsFlora is not responsible & does not guarantee refunds for cases where:

• Flowers, plants, dry fruits, sweets, gift products and preserved items delivered to incorrect addresses supplied by the sender.
• Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
• Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
• Product quality problems caused by improper handling by the recipient.

If any product received by you is in a damaged/defective condition, you should report the same to BloomsFlora within 24 hours of such delivery at +91 8047484900 and e-mail the photographs of the same at support@bloomsflora.com. BloomsFlora will in its sole discretion will either deliver to you, the new product at its own cost or refund to you the amount in relation to such product. Subject to the Terms and Conditions, once refund is initiated by BloomsFlora, it takes 6-7 business days to reflect the refund amount in your account.

*Note: The customer will not be entitled to a refund or any concessions by the company after the 24 hours deadline has passed.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenditure, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to reimburse us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.  

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be interpreted against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Trademarks

The intellectual property on the Website, except all User Submissions (as defined hereinafter), including but not limited to the text, software, scripts, graphics, photos, logos, images, concepts, sounds, music, videos, interactive features and anything else capable of being copyrightable under the Applicable Law ("Content") and the trademarks, service marks and logos contained therein ("Trademarks"), are owned by/licensed to BloomsFlora, subject to copyright and other intellectual property rights under the Applicable Laws and international conventions. 

Content on the Website is provided to you as is for your information and personal use only and shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BloomsFlora or the respective owners, as the case may be. BloomsFlora reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. The text, graphics and Website’s html code (including flash files, java script etc.) contained in the Website are the exclusive property of BloomsFlora, its affiliates or related entities. Except where otherwise provided, the text, graphics and html code contained here shall not be copied, distributed, displayed, reproduced, adopted or transmitted in any form or by any means without the prior express written permission of BloomsFlora.

Currency Charged

Orders will always be charged in Indian Rupees. BloomsFlora makes a daily adjustment to its prices for other listed currencies, but these conversions are only an approximation. BloomsFlora cannot be held responsible for any currency conversion differences and/or charges made by your financial institution. For the most accurate pricing, please refer to the INR currency option. 

HOW CAN YOU CONTACT US ABOUT TERMS AND CONDITIONS?

If you have questions or comments about this notice, you must email us at support@bloomsflora.com.