Terms of Service

These Terms of Service are a contract between you and Bloomish Inc., a Florida corporation ("Bloomish," "we," or "us"), governing your use of bloomish.com and your purchase of our products.

By using the site or placing an order, you agree to these Terms. If you do not agree, do not use the site or purchase from us.

You must be at least 18 years old and able to enter into a binding contract to place an order.

We may update these Terms. We will post the revised version with a new date and, for material changes, give at least 30 days' notice by email or a site notice before they take effect.

Changes are not retroactive. Orders placed before a change are governed by the version in effect when you ordered. Continuing to use the site or placing a new order after changes take effect means you accept them.

We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the site for personal, non-commercial purposes.

You may not reproduce, republish, distribute, sell, sublicense, scrape, data-mine, or create derivative works from any part of this site without our written permission. You may print or save content for your own personal use.

You agree not to use the site to post or transmit anything unlawful, defamatory, obscene, harassing, fraudulent, or infringing; to interfere with the site's operation or security; to use bots, scrapers or automated tools without permission; to buy for resale; or to impersonate anyone.

We may remove content or suspend access at our discretion.

BLOOMISH® is a registered trademark of Point of Origin, Inc. (U.S. Reg. Nos. 7,608,264 and 5,333,195), used by Bloomish Inc. under license. All rights reserved.

All site content, including text, product descriptions, photography, graphics, design and formulations, is owned by Bloomish Inc. or its licensors and protected under United States copyright and trademark law. Nothing here grants you any license to use our marks.

You may not remove or alter any copyright, trademark or ownership notice.

When you submit a review, photo, comment or other content, you grant Bloomish a non-exclusive, worldwide, royalty-free, perpetual, transferable license to use, reproduce, modify, publish and display it in connection with our business, including in marketing, with attribution to the name you provided.

You represent that you own the content or have the right to grant this license, and that it doesn't infringe anyone's rights.

Reviews. We publish reviews as submitted, positive and negative. We do not edit reviews to change their meaning, suppress negative reviews, or offer compensation in exchange for a positive review. If we ever provide a free product in exchange for a review, that will be disclosed on the review. We may remove reviews that are off-topic, abusive, contain personal information, or appear fraudulent.

If you believe content on our site infringes your copyright, send a notice containing your physical or electronic signature; identification of the work claimed to be infringed; identification of the material and its location on our site; your contact information; a statement that you have a good faith belief the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and you are authorized to act on the owner's behalf.

Copyright notices may be sent to customerservice@bloomish.com.

We will respond to valid notices and terminate repeat infringers.

Some products are available only online and in limited quantities.

We try to display colors and images accurately, but we cannot guarantee your screen renders them accurately, and products may vary slightly in color, texture and appearance. Plant-derived ingredients vary between batches, and this is normal.

We may limit quantities, limit sales to any person or region, change product descriptions, and discontinue products at any time.

Bloomish products are cosmetics, not drugs. They are not intended to diagnose, treat, cure or prevent any disease or medical condition.

Every product has its full ingredient list, in INCI, on the package and on its product page. Read it before use if you have allergies or sensitive skin. Our products contain essential oils, which are a common cause of skin sensitivity. Patch test on a small area first.

Discontinue use and consult a healthcare provider if you experience irritation, rash, or any adverse reaction.

Reporting a reaction. Contact us at customerservice@bloomish.com. Bloomish Inc. is the Responsible Person for our products in the United States under the Modernization of Cosmetics Regulation Act, and we are required to report serious adverse events to the FDA.

Not for internal use. Avoid contact with eyes. Keep out of reach of children. External use only unless the label says otherwise.

All prices are in US dollars.

Prices do not include sales tax. Applicable state and local sales tax is calculated and added at checkout based on your shipping address.

Prices may change without notice. Placing an order authorizes us to charge your payment method for the total shown, including tax and shipping.

Pricing errors. If a product is listed at an incorrect price due to error, we may cancel the order even after you receive confirmation. We will notify you and issue a full refund.

Promotional codes have no cash value, cannot be combined unless stated, and may be modified or discontinued.

Gift cards issued by Bloomish do not expire and carry no fees, consistent with Florida law and the federal CARD Act.

Your order is an offer to buy. Order confirmation acknowledges receipt but does not constitute acceptance. We accept your order when we ship it.

We may refuse or cancel any order, including for suspected fraud, resale, quantity limits, or pricing error. If we cancel after charging you, we refund in full.

We ship within 1–3 business days. Estimated delivery times and costs are available on our Shipping & Delivery page.

If we cannot ship within our stated time, we will notify you and give you the choice of a revised date or a full refund.

If a package is lost or damaged in transit, contact us. We will work with the carrier and provide assistance in accordance with our Shipping & Delivery and Returns & Refunds policies. Carrier delivery dates are estimates, not guarantees.

If you provide an incorrect or incomplete address and the package is returned, you are responsible for reshipping costs, as described in our Shipping & Delivery policy.

We ship within the United States only.

Bloomish offers a 60-day satisfaction guarantee on products purchased directly from bloomish.com. If you are not satisfied with a product for any reason, contact us within 60 days of delivery and we will refund your purchase price, including shipping you paid, or exchange it for a different product if you prefer.

Full details are in our Returns and Refunds policy, which is incorporated into these Terms.

By using the site you consent to receive communications from us electronically, and agree that electronic notices, agreements and disclosures satisfy any legal requirement that they be in writing.

If you opt in to SMS, you consent to receive automated marketing texts from Bloomish at the number you provide. Consent is not a condition of purchase. Message and data rates may apply. Frequency varies. Reply STOP to cancel, HELP for help.

Our site may link to third-party sites we don't control and aren't responsible for.

THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BLOOMISH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES.

WE DO NOT WARRANT THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR RESULT.

Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Nothing here limits any warranty or remedy that cannot be limited under applicable law, and nothing here limits our satisfaction guarantee in Section 13.

TO THE FULLEST EXTENT PERMITTED BY LAW, BLOOMISH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, ARISING FROM THESE TERMS, THE SITE, OR ANY PRODUCT.

OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

These limits apply even if a remedy fails of its essential purpose. Some states do not allow certain limitations, so some may not apply to you.

Nothing in these Terms limits our liability for personal injury caused by our negligence, for fraud, or for any liability that cannot be limited under applicable law.

You agree to indemnify and hold harmless Bloomish, its affiliates, officers, directors, employees and licensors from any claim, demand, loss or expense, including reasonable attorneys' fees, arising from your breach of these Terms, your misuse of the site, your violation of law, or content you submit.

PLEASE READ. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

20.1 Informal resolution first. Before filing anything, contact us at customerservice@bloomish.com with a description of the dispute and the relief you want. We'll try to resolve it within 60 days. This is a condition of starting arbitration.

20.2 Agreement to arbitrate. If we can't resolve it, you and Bloomish agree that any dispute arising from these Terms, the site or any product will be resolved by binding individual arbitration rather than in court, except as stated below. This agreement is governed by the Federal Arbitration Act.

20.3 Exceptions. Either party may bring an individual claim in small claims court. Either party may seek injunctive relief in court for infringement or misuse of intellectual property.

20.4 Rules and costs. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration may be conducted by document submission, telephone, video, or in person in the county where you live. Bloomish will pay filing and arbitrator fees to the extent required by the AAA rules.

20.5 CLASS ACTION WAIVER. YOU AND BLOOMISH AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable, this entire Section 20 is void.

20.6 Coordinated filings. If 25 or more similar claims are filed by or with coordinated counsel, the parties will resolve them in batches of no more than 50, with a single arbitrator per batch, and no further batches will proceed until the prior batch is resolved.

20.7 30-DAY OPT-OUT. You may opt out of this arbitration agreement by emailing customerservice@bloomish.com with your name, address and a clear statement that you decline arbitration, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms and will not affect your relationship with us.

20.8 JURY TRIAL WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, YOU AND BLOOMISH WAIVE ANY RIGHT TO A JURY TRIAL.

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration, you and Bloomish consent to the exclusive jurisdiction of a court of competent jurisdiction in Florida, to the extent permitted by applicable law.

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, hurricanes, fire, flood, war, civil unrest, labor disputes, epidemics, pandemics, quarantine restrictions, utility or internet failures, carrier disruptions, supply chain failures, or acts of government.

You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets, and will remain responsible for obligations accrued before the assignment.

We may suspend or terminate your access at any time. Termination does not affect any order already accepted, which we will fulfill or refund.

If any provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in effect.

Our failure to enforce any provision is not a waiver.

These Terms, together with our Privacy Policy, Returns and Refunds policy and Shipping & Delivery policy, are the entire agreement between us and supersede any prior agreement.

Sections 05, 06, 17, 18, 19, 20, 21 and 25 survive termination.

Bloomish Inc.

Customer service, product safety reports, copyright complaints, and legal notices: customerservice@bloomish.com.