Terms and Conditions

By entering and using this website, whose domain name is https://www.bloomish.com/, hereinafter referred to as "BLOOMISH," the user agrees to the Terms and Conditions (T&C) of use set forth in this document and expressly declares their acceptance by using electronic means for this purpose, as provided in Article 1803 of the Federal Civil Code.

If the user does not accept the terms and conditions of this agreement in their entirety and without reservation, they must refrain from accessing, using, and viewing the website https://www.bloomish.com/
And if the user accesses, uses, and views the website https://www.bloomish.com/, it will be considered as absolute and express acceptance of the Terms and Conditions of use outlined in this document.

The mere use of this website grants the general public the status of user (hereinafter referred to as the "User" or "Users") and implies full and unconditional acceptance of each and every one of the general and specific conditions included in these T&C of use published by "BLOOMISH" at the moment the user accesses the website.

Any modification to these T&C of use will be made when the owner of this, in this case "BLOOMISH", deems appropriate, and it is the user's sole responsibility to ensure they are aware of such modifications.

Agreement

Agreement for the use of the website https://www.bloomish.com/ made between: on one side, "BLOOMISH" and, on the other side, the user, both parties agreeing to be bound by the terms set forth in this document.

License

By entering into this agreement, "BLOOMISH" grants the User the non-exclusive, revocable, and non-transferable right to view and use the website https://www.bloomish.com/ in accordance with the T&C of use set forth herein. For the purposes of this agreement, the parties agree that "User" refers to any individual or entity who accesses the website https://www.bloomish.com/ and/or any of its subpages displaying content and/or the individual or entity who registers and/or uses any of the services offered through the website.

The user may only print and/or copy any information contained or published on the website https://www.bloomish.com/ exclusively for personal use. Commercial use of such information is strictly prohibited. If the user is a legal entity, they must comply with the provisions of Article 148, Section IV of the Federal Copyright Law.

The reprinting, publishing, distribution, assignment, sublicensing, sale, reproduction (in electronic or any other form), partial or total, of any information, document, or graphic appearing on the website https://www.bloomish.com/ for any purpose other than personal non-commercial use is expressly prohibited for the user, unless they have prior written authorization from "BLOOMISH".

Usage Manual for the website https://www.bloomish.com/

The user and "BLOOMISH" agree that the use of the website https://www.bloomish.com/ will be subject to the following conditions:

The user acknowledges and agrees that the information published or contained on the site will be clearly identified in such a way that it is recognized as coming from and generated by "BLOOMISH" or its suppliers.

Information contained on the website https://www.bloomish.com/. The user acknowledges and agrees that the information published or contained on that site will be clearly identified in such a way that it is recognized as coming from and generated by "BLOOMISH" or its suppliers.

However, the information, concepts, and opinions published on that site do not necessarily reflect the position of "BLOOMISH" or its employees, officers, directors, shareholders, licensees, and concessionaires. For this reason, "BLOOMISH" is not responsible for any of the information, opinions, or concepts expressed on the website. Additionally, "BLOOMISH" is not responsible for the information contained on the website, including subpages, under the understanding that the use and following of this information is at the user's own risk and responsibility.

"BLOOMISH" reserves the right to block access or remove, in whole or in part, any information, communication, or material that, in its sole discretion, may be: i) abusive, defamatory, or obscene; ii) fraudulent, artificial, or misleading; iii) violating copyrights, trademarks, confidentiality, trade secrets, or any intellectual property rights of a third party; iv) offensive; or v) that in any way contravenes the terms of this agreement or the laws in force in the United Mexican States. If the user wishes to obtain more information on a specific topic provided by "BLOOMISH" or its suppliers, they should consult it directly with each of them, as appropriate, and/or with a specialist in the field.

Users acknowledge that, by providing personal information required for any of the services provided on this website, they grant "BLOOMISH" the authorization specified in Article 109 of the Federal Copyright Law. In all cases, users will be responsible for the truthfulness of the information provided to "BLOOMISH". Furthermore, to receive services, the user is also obligated to accept the Terms and Conditions stipulated for that purpose.

Intellectual and Industrial Property

"BLOOMISH", the website https://www.bloomish.com/, its logos, and all material appearing on the site, are trademarks, domain names, trade names, and artistic works owned by their respective owners and are protected by international treaties and applicable laws regarding intellectual property and copyright.

The copyright over the content, organization, collection, compilation, information, logos, photographs, images, programs, applications, and generally any information contained or published on the website https://www.bloomish.com/ is duly protected in favor of "BLOOMISH", its affiliates, suppliers, and/or their respective owners, in accordance with the applicable laws on intellectual and industrial property.

It is expressly prohibited for the user to modify, alter, or remove, either in whole or in part, any notices, trademarks, trade names, signs, advertisements, logos, or generally any indication referring to the ownership of the information contained on the mentioned site.
If the user transmits any information, programs, applications, software, or generally any material that needs to be licensed through the website https://www.bloomish.com/, the user grants to "BLOOMISH" a perpetual, worldwide, royalty-free, non-exclusive, universal license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, publicly display, and perform the material.

The provisions of the previous paragraph shall equally apply to any other information that the user sends or transmits to "BLOOMISH", including, without limitation, ideas to renew or improve the website https://www.bloomish.com/, whether they have been included in any space on the site or through other known or future means of transmission.

Therefore, the user expressly waives any action, demand, or claim against "BLOOMISH", its affiliates, or suppliers for any actual or potential violation of any copyright or intellectual property rights arising from the information, programs, applications, software, ideas, and other materials that the user submits to the site https://www.bloomish.com/.
It is our policy to act against intellectual property violations that may occur or arise according to the legislation and other applicable intellectual property laws, including the removal or blocking of access to material subject to activities infringing third-party intellectual property rights.

If any user or third party considers that any content found or submitted to the website https://www.bloomish.com/ and/or any of its services violates their intellectual property rights, they must send a notification to the following address info@bloomish.com, providing:

True personal information (name, address, phone number, and email address of the claimant).

Autographed signature with the personal details of the intellectual property rights holder.

Clear and complete indication of the intellectual property-protected content(s) allegedly infringed, as well as the location of such infringements on the referenced website.

Express statement and clear declaration that the submission of the indicated content(s) has been made without the consent of the intellectual property rights holder allegedly infringed.

Express, clear statement, and responsibility of the claimant that the information provided in the notification is accurate and that the submission of the content(s) constitutes a violation of such rights.

Products

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display the colors and images of our products on the store as accurately as possible. We cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or prices are subject to change at any time and without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of any product or service made on this site is not valid where such product or service is prohibited.

We do not guarantee that the quality of any product, service, information, or other material that you have purchased or obtained will meet your expectations, or that any errors in the Service will be corrected.
The images of the products offered and displayed on the "BLOOMISH" website are for illustrative purposes only; therefore, the User understands and agrees that the physical product purchased may have minor variations in color, design, and size.

Prices

Unless otherwise specified, all prices displayed through the site https://www.bloomish.com/ include taxes.

The prices of our products are subject to change without prior notice.

We reserve the right to modify or discontinue the Service (or any part or content of it) without prior notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

Billing

For the issuance of an invoice, the Customer must send an email within no more than 96 hours after making the payment (or earlier as indicated in the following paragraph) to factura@bloomish.com with all their details according to the current legislation and the miscellaneous rules and/or guidelines of the Tax Administration System in Mexico.

Invoices can only be issued for purchases made during the current month.

Once the invoice has been issued, no changes or cancellations can be made.

Returns or Cancellations

Charges made to debit or credit cards, as well as payments made via Stripe for products and/or services marketed through the platform at https://www.bloomish.com/ and purchased by users, will not be subject to refunds or cancellations when any of the following conditions are met:

The product has been tampered with by the User/Customer.

The packaging is damaged, even though the product inside is in good condition.

In line with the above, "BLOOMISH" reserves the right to determine whether the Customer/User meets any of the conditions described above; thus, it is at the sole discretion of "BLOOMISH" to provide a refund or physical exchange for the purchased product(s) to the Customer or User.
Except as mentioned in the previous paragraph, “BLOOMISH” will inform the User if any of the products purchased through the website are out of stock. In such cases, "BLOOMISH" will refund the total amount paid by the User.

In case of an error or damage to the received product; whether due to mishandling by the courier or due to a manufacturing defect, the User must notify "BLOOMISH" within 48 (forty-eight) hours from the date of receipt of the product(s), in order to request a return, exchange, or refund, attaching sufficient photographic or video evidence to verify the issue. This notification must be sent to the following email address: customerservice@bloomish.com. In the case of a refund, only the value of the purchased product will be refunded, excluding shipping costs and other charges.

In any case, additional shipping, transportation, and customs fees arising from the purchase, exchanges or returns requested by the User will be borne solely and exclusively by the User.

Production and Shipping Times

Customized products purchased through "BLOOMISH" have an average production time of 7 to 10 TEN business days for national and local orders; this is because the process involves additional production and design, subject to peak seasons where production times may exceed 20 business days, counted from Monday to Friday, excluding Saturdays, Sundays, and holidays.

In case of any complications or delays in delivery times, "BLOOMISH" will inform the User of the situation promptly, so that they can know the status of their order.

Once the User purchases their product with shipping, they will receive the corresponding tracking number via email. Accordingly, the User will be solely responsible for tracking the package and obtaining any information regarding it. Standard shipping times may be 5 business days (Monday to Friday) for local shipments in regular seasons. During peak seasons such as special sales, Cyberweek, Buen Fin, and the December holidays, celebrations, and national shipments, delivery times by couriers may be extended without prior notice, potentially taking up to 10 business days or more. For international shipments, couriers may take between 3 and 5 weeks for delivery.

If the User provides an incorrect or incomplete address, they must contact the courier company directly to obtain more information regarding the situation of their package. If the courier is unable to find the address provided by the Customer/User or, after a certain number of delivery attempts (the number of attempts depends on each courier), if no one is present at the address for delivery, the courier company will return the package to the "BLOOMISH" facilities, and the customer will need to pay for the shipping again to resend the package.

Release of Liability

"BLOOMISH", its suppliers, or subsidiaries, will not be liable to the User or third parties for any total or partial breach of any of its obligations under this agreement, to the extent and for the period in which the impossibility of compliance is due to force majeure or unforeseeable circumstances.

Force majeure refers to those natural phenomena or acts of individuals, beyond the control and will of either party, which occur without any fault or negligence on the part of either, which are insurmountable, unforeseeable, or, if foreseeable, cannot be avoided, preventing the affected party from fulfilling its obligations under this agreement, provided that the force majeure event was not caused or contributed to by the affected party.

The following are given as examples but not limited to: natural phenomena; floods or fires; hostilities or war (declared or not declared); blockades; labor disputes, strikes, riots, quarantine restrictions, epidemics or pandemics; power failures or interruptions; earthquakes; storms, hurricanes or adverse weather conditions at the facilities; unforeseeable accidents; closures, breakdowns, or malfunctions in unforeseeable facilities; enactment of laws, decrees, regulations and/or any orders or acts, whether of general or specific application, by the government or any of its agencies, or requirements by any of these authorities.

Invalid Warranties

The user agrees that the use of the website https://www.bloomish.com/ is at their own risk and that the services and products offered there are provided on an availability basis. "BLOOMISH" disclaims any responsibility and conditions, both express and implied, in relation to the services and information contained or available on or through this website; including, without limitation:

The availability of use of the website https://www.bloomish.com/

The absence of viruses, errors, deactivators, or any other contaminating material or functions that are destructive to the information or programs available on or through this page or in general any failure of the site.

Notwithstanding the above, "BLOOMISH" or its suppliers may update the content of the page constantly, so users are advised to consider that some information contained on or through this website may have become outdated and/or may contain inaccuracies or typographical or spelling errors.

Changes on the Website

"BLOOMISH" may at any time and when it deems necessary, without notifying the user, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases, and other elements of the site, without giving rise to any claim or compensation, nor does this imply any recognition of liability in favor of the user.

In this way, the user agrees to periodically review this agreement in order to stay informed about these modifications. Notwithstanding the above, each time the user accesses the site, it will be considered as absolute acceptance of the modifications to this agreement.

Modifications to the Agreement

"BLOOMISH" reserves the right to modify the Terms and Conditions outlined here at any time, with such modifications becoming effective immediately through the publication of this agreement on the website https://www.bloomish.com/.

Additional Terms and Conditions

Occasionally, "BLOOMISH" may add additional provisions to the terms and conditions of this agreement regarding specific areas or new services provided on or through the website https://www.bloomish.com/ (hereinafter referred to as “Additional Terms”), which will be published in the specific areas or new services of the site for reading and acceptance. The user acknowledges and accepts that these Additional Terms form an integral part of this agreement for all legal purposes.

Assignment of Rights

"BLOOMISH" may, at any time and when it deems appropriate, assign all or part of its rights and obligations arising from this agreement. As a result of such assignment, "BLOOMISH" will be released from any obligation to the user, as established in this agreement.

Indemnification

The user agrees to indemnify "BLOOMISH", its affiliates, suppliers, vendors, and advisors for any action, demand, or claim (including attorney's fees and court costs) arising from any breach by the user of this agreement; including, without limitation, those arising from:

Any aspect related to the use of the website https://www.bloomish.com/

The information contained or available on or through such site, or slander, defamation, or any other conduct that violates this agreement by the user in the use of the specified website.

Violation of applicable laws or international treaties related to copyright or intellectual property, content or available on, or through such website.

Termination of Agreement

"BLOOMISH" reserves the right, at its sole discretion, and without the need for notice or notification to the user, to:

Terminate this agreement permanently.

Discontinue or stop publishing the website https://www.bloomish.com/ permanently without any responsibility for "BLOOMISH", its affiliates or suppliers.

Entire Agreement

These Terms and Conditions of use, along with the additional terms, constitute the entire agreement between the parties, and supersede any prior agreement or contract. Any clause or provision of this agreement, as well as the additional terms, legally declared invalid, will be removed or modified at the discretion of "BLOOMISH", in order to correct its flaw or defect. However, the rest of the clauses or provisions will remain in force, mandatory, and valid.

No Waiver of Rights

Inactivity by "BLOOMISH", its affiliates, or suppliers in exercising any right or action derived from this agreement, should never be interpreted as a waiver of such rights or actions.

Applicable Legislation and Jurisdiction

This agreement shall be governed by and interpreted in accordance with the laws and before the courts of the State of Quintana Roo, Mexico.