Terms of sale
Terms and Conditions of Sale and Use
These Terms and Conditions of Sale (hereinafter the "Terms") are entered into between, on the one hand, Fiona PILANDON, Entrepreneur Individuel (sole trader) under French law, registered with the Trade and Companies Register of Avignon under number 979 973 583 (SIRET 979 973 583 00078), whose registered address is 771 Avenue Marc Lepoutre, 84700 Sorgues, France, trading as BodyBloom (hereinafter "BodyBloom"), and, on the other hand, any person visiting and/or making a purchase on the website https://bodybloom-care.com , hereinafter referred to as the "User". Any purchase on the website https://bodybloom-care.com (hereinafter the "Site") implies full acceptance of these Terms.
As a preliminary matter, the terms used in these Terms are defined below.
PRELIMINARY ARTICLE – DEFINITIONS
Customer: any User of the Site who has a customer account on the Site and/or who purchases a Product through the Site. Every Customer is a User of the Site.
Order: the process by which the Customer chooses the Products they wish to purchase on the Site. The Order is completed when the Customer has chosen the products they wish to have delivered and the delivery options, and has completed payment for those products.
Product: any product that can be viewed or purchased on the Site by a User. This may be a product displayed on the Site and not yet purchased by the User, or a product displayed (or not) on the Site and purchased by the User.
User: any person who accesses the Site, whether or not they are a Customer.
Site: the website https://bodybloom-care.com and all related web pages.
ARTICLE 1 – PURPOSE AND SCOPE OF THE TERMS
The purpose of these Terms is to define the conditions under which Users may access and use the Site and purchase Products.
The parties are bound by all the terms, conditions and policies described herein, as well as by any additional terms and policies referred to in these Terms, including our Refund Policy, Shipping Policy and Privacy Policy.
By visiting any part of this Site and/or purchasing a Product, each User agrees to comply with these Terms.
These Terms are made available to Users for acceptance prior to any Order on the Site.
All new tools, features, Products and services added after the publication date of these Terms will also be subject to these Terms.
ARTICLE 2 – CURRENT VERSION OF THE TERMS
The version of the Terms that prevails is the latest version available on the Site.
BodyBloom may update, change or replace any part of these Terms in order to take into account any administrative order or recommendation, or any legal, case-law and/or technical development. When completing a new Order, the Customer accepts the Terms in force on the date of that Order. Users are invited to regularly consult these Terms at the following address: https://bodybloom-care.com/policies/terms-of-sale
ARTICLE 3 – CONDITIONS OF USE OF THE SITE
The Site is hosted by Shopify International Limited, the provider of the e-commerce platform that allows BodyBloom to present and sell its Products and services.
By accepting these Terms, the User declares that they have reached the age of majority in their country of residence, or that they use the Site with the consent of a parent or legal guardian.
If the User is a legal entity, it must be duly represented in accordance with the law, which it acknowledges and accepts.
The User agrees not to use the Products or services of this Site for any illegal or unauthorised purpose.
The User agrees not to jeopardise the proper functioning of the Site through the use of worms, viruses or any other computer code or process harmful to the Site.
The Site, its operation and any part or content of the Site may be temporarily interrupted by BodyBloom, in particular for maintenance. To the extent permitted by law, BodyBloom is not responsible for any suspension or interruption of the Site or of any part of it.
ARTICLE 4 – GENERAL CONDITIONS
BodyBloom reserves the right to refuse access to its services to anyone, for any legitimate reason. BodyBloom also reserves the right to limit the sale of its Products or services to any geographical region or jurisdiction.
BodyBloom reserves the right to limit the quantities of any Product or service it offers.
Product descriptions and prices may be changed at any time, at BodyBloom's sole discretion. Such changes do not apply to Orders that have already been confirmed.
BodyBloom reserves the right to discontinue any Product at any time.
Any offer of a Product or service made on the Site is void where prohibited by law.
ARTICLE 5 – PRICES
The price of the Products may change. Such changes may in particular result from variations in the cost of raw materials, logistics costs or any other reason. Price changes do not affect Orders that have already been confirmed.
The prices applied to the Customer are those displayed on the Site at the time of their Order.
Prices of the Products are displayed in pounds sterling (GBP). Standard delivery to the United Kingdom is free.
ARTICLE 6 – PRODUCT PRESENTATION
The User is informed that photographs of the Products are displayed on the Site to show the appearance of the Products as clearly as possible, in particular their colour.
The User acknowledges that BodyBloom cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of displaying photographs on the Site, or to differences between the screens of Users' electronic devices.
The User acknowledges that the Site may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times and product availability. BodyBloom reserves the right to correct any error, inaccuracy or omission and to change or update information at any time. If an error affects an Order that has already been placed, BodyBloom will contact the Customer, who may either confirm the Order on the corrected terms or cancel it for a full refund.
BodyBloom is not obliged to update, modify or clarify information on the Site or on any related website, including pricing information, except where required by law.
The Bloom Glow Therapy is a cosmetic wellness device. It is not a medical device and is not intended to diagnose, treat, cure or prevent any disease. Results may vary from person to person. If you are pregnant, breastfeeding, have a medical condition, a pacemaker or any doubt, please consult a healthcare professional before use.
ARTICLE 7 – OPTIONAL TOOLS
BodyBloom may, in certain cases, provide access to third-party tools over which it has no monitoring, control or influence, which the User acknowledges.
The User acknowledges that BodyBloom provides access to such tools "as is" and "as available", without any warranty, representation or condition of any kind.
The User acknowledges that any use of optional tools offered on the Site is entirely at their own risk and discretion. BodyBloom recommends that the User reads the terms that apply to these tools from the relevant third-party provider(s).
Except where provided by law, BodyBloom cannot be held liable in connection with the use of such optional third-party tools.
ARTICLE 8 – THIRD-PARTY LINKS
The User acknowledges that certain content, Products and services available through the Site may include materials from third parties.
Third-party links on this Site may direct the User to third-party websites that are not affiliated with BodyBloom. BodyBloom is not responsible for examining or evaluating the content or accuracy of these websites, and does not warrant and will not have any liability for any content, website, product, service or other materials accessible on or from these third-party websites.
BodyBloom is not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites.
The User is advised to read the policies and practices of third parties carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER USER SUBMISSIONS
If the User sends BodyBloom, or publishes about BodyBloom, specific content, creative ideas, suggestions, proposals, plans and/or other materials to improve the Site, the Products or BodyBloom's service, whether online, by email, by post or by any other means, including by posting comments on the Site, BodyBloom may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use these comments in any medium.
BodyBloom is under no obligation (1) to keep such comments confidential, (2) to pay compensation for such comments, or (3) to respond to or publish such comments.
BodyBloom may, but has no obligation to, monitor, edit or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, vulgar or otherwise objectionable, or that infringes any intellectual property or these Terms.
The User agrees to write respectful and courteous comments that do not infringe the rights of third parties, including copyright, trademarks, privacy, personality or other personal or proprietary rights.
The User agrees not to use a false email address, pretend to be someone else, or otherwise mislead BodyBloom or third parties as to the origin of their comments.
The User is solely responsible for any comments they post, their consequences and their accuracy. BodyBloom takes no responsibility and assumes no liability for any comments posted by the User.
ARTICLE 10 – PERSONAL INFORMATION
The submission of personal information by the User is governed by BodyBloom's Privacy Policy, available at: https://bodybloom-care.com/policies/privacy-policy
ARTICLE 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
The Customer agrees to provide current, complete, accurate and truthful Order and account information for all Orders placed on the Site.
The Customer agrees to keep all information relating to their account up to date, including their email address and payment details, to allow the proper processing of their Order. BodyBloom cannot be held responsible for any consequences of inaccurate information provided by the Customer.
BodyBloom reserves the right to limit or prohibit Orders that, in its sole judgement, appear to be placed by dealers, resellers or distributors.
ARTICLE 12 – PROHIBITED USES
The User agrees not to use the Site or its content for any unlawful purpose; to encourage others to perform unlawful acts; to infringe the intellectual property rights of BodyBloom or of third parties; to submit false, misleading and/or defamatory information; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl or scrape; or to interfere with or circumvent the security features of the Site.
ARTICLE 13 – ORDERS
The User may browse the Site without any obligation to purchase. To place an Order, the Customer selects the Products and adds them to their cart. Creating a personal account on the Site is not required to place an Order.
Once the Order is completed, BodyBloom confirms it by sending an email to the address provided by the Customer when ordering. The Order is completed once the Customer has made full payment and this payment has been received by BodyBloom.
The Customer may cancel their Order free of charge before it has been dispatched by contacting support.bodybloom@gmail.com. Once the Order has been dispatched, the Customer may use their right to cancel and the 45-day satisfaction guarantee set out in Article 14.
Once the Order has been dispatched, BodyBloom will send a tracking number to the email address provided by the Customer. If the Customer does not receive it, they should check their spam folder and/or email filters, or contact us.
BodyBloom undertakes to process and dispatch the Products within 1 to 3 business days after the Order is completed. This period may be extended in the event of force majeure as defined by French case law and the French Civil Code, or any other event beyond BodyBloom's reasonable control.
BodyBloom undertakes to fulfil confirmed Orders while stocks last. BodyBloom reserves the right to refuse an Order in the event of a stock shortage or force majeure, or any other event beyond its reasonable control, in particular a sudden and excessive increase in orders for one or more Products. In that case, the Customer will be refunded in full.
BodyBloom reserves the right, at its sole discretion, to 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 card, and/or Orders that use the same billing and/or shipping address.
In the event of a change to or cancellation of an Order, BodyBloom will notify the Customer by email and/or by the telephone number provided, and/or by post at the billing address.
ARTICLE 14 – DELIVERY, EXCHANGES AND RETURNS
We currently deliver to the United Kingdom only. Standard delivery is free and is shown to the Customer at checkout.
BodyBloom uses external providers (carriers, postal services, various logistics and delivery providers) to ship and deliver the Products. Delivery times may occasionally be extended due to these providers. BodyBloom will keep the Customer informed of any significant delay.
Products are delivered within 5 to 8 business days after dispatch. Business days are Monday to Friday, excluding UK bank holidays.
Products remain at BodyBloom's risk until they are delivered to the Customer. If the parcel has not arrived within 15 business days of dispatch, or if tracking shows it as delivered but the Customer has not received it, the Customer should contact support.bodybloom@gmail.com. BodyBloom will investigate with the carrier and, where appropriate, send identical Products again or refund the Customer, at no extra cost to the Customer.
Right to cancel: under UK consumer law, the Customer has 14 days from receipt of the Products to cancel their Order, without giving any reason.
45-day satisfaction guarantee: in addition, if the Customer is not satisfied with their Product, they may request a return within 45 days of delivery and receive a full refund of the Product price. This guarantee extends the statutory right to cancel and does not affect it.
Returns are free. To make a return, the Customer contacts BodyBloom at support.bodybloom@gmail.com and receives a prepaid return label and instructions. Products must be returned complete (with their accessories) and, where possible, in their original packaging. Items returned without first contacting BodyBloom cannot be accepted.
BodyBloom refunds the Customer within 14 days of receiving the returned Products, using the original payment method. Free gifts included with the Order (such as the Smooth Skin Guide) do not need to be returned.
Exchanges: the fastest way to obtain a different item is to return the Product and, once the return is accepted, place a new Order.
Full details are available in our Refund Policy and Shipping Policy.
ARTICLE 15 – LIMITATION OF LIABILITY AND LEGAL GUARANTEES
BodyBloom cannot be held liable for failure to perform its obligations under these Terms where such failure is attributable to a third party, to the Customer, or to an event of force majeure as defined by French case law and the French Civil Code, or to any other event beyond BodyBloom's reasonable control.
To the extent permitted by law, BodyBloom cannot be held liable for damage resulting from the interruption or slowing down of the Site, from errors on the Site, or from any temporary unavailability of all or part of the Site.
To the extent permitted by law, BodyBloom is not liable for losses that were not foreseeable or for business losses (such as loss of profits, revenue or data).
Nothing in these Terms excludes or limits BodyBloom's liability for death or personal injury caused by its negligence, for fraud, or for any liability that cannot be excluded or limited by law. Nothing in these Terms affects the Customer's statutory rights.
Legal guarantees: if the Customer lives in the United Kingdom, under the Consumer Rights Act 2015, the Products must be of satisfactory quality, fit for purpose and as described. If they are not, the Customer may be entitled to reject them within 30 days of delivery for a full refund, or to request a repair or replacement, and in some cases a price reduction or refund.
Where French law applies, BodyBloom is also bound by the legal guarantee of conformity under Articles L.217-3 et seq. of the French Consumer Code. The Customer has 2 years from delivery to report a lack of conformity and may choose between repair and replacement. In accordance with Article L.217-12 of the French Consumer Code, BodyBloom may refuse the Customer's choice if it entails a manifestly disproportionate cost compared with the other option. BodyBloom also guarantees the Customer against hidden defects in accordance with Articles 1641 et seq. of the French Civil Code.
The guarantee does not apply to deterioration or damage to the Product resulting from use that does not comply with its intended purpose, or caused by the Customer. This includes, without limitation, failure to follow the instructions for use, unusual handling, lack of care in the use of the Product by the Customer or a third party, exposure to substances incompatible with the use of the Product, and any modification of the Product by the Customer or a third party.
To make a claim, the Customer contacts support.bodybloom@gmail.com, ideally with a photo or video of the issue.
ARTICLE 16 – INDEMNIFICATION
To the extent permitted by law, the User agrees to indemnify, defend and hold harmless BodyBloom and its partners, agents, contractors, service providers, subcontractors and suppliers from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the User's breach of these Terms or the documents they incorporate by reference.
ARTICLE 17 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions, which shall remain valid and enforceable.
ARTICLE 18 – TERMINATION
The obligations and liabilities incurred by the parties before the termination date shall survive the termination of these Terms for all purposes.
These Terms are effective unless and until terminated. The User may terminate these Terms at any time by notifying BodyBloom that they no longer wish to use its services or Site.
If the User fails, or BodyBloom reasonably suspects that the User has failed, to comply with these Terms, BodyBloom may terminate this agreement and/or deny the User access to its services and/or the Site (or any part thereof). The User remains liable for all amounts due up to and including the date of termination.
ARTICLE 19 – NO WAIVER
BodyBloom's failure to exercise any right granted under these Terms shall not be interpreted as a waiver of that right.
ARTICLE 20 – GOVERNING LAW
These Terms are governed by and interpreted in accordance with French law. However, if the Customer is a consumer living in the United Kingdom, they will also benefit from the mandatory provisions of the law of their country of residence and may bring proceedings before the courts of their place of residence. In the event of a dispute, the Customer is invited to contact BodyBloom first in order to seek an amicable solution.
ARTICLE 21 – CONTACT DETAILS
Users may ask any questions about these Terms at the following address:
BodyBloom
771 Avenue Marc Lepoutre, 84700 Sorgues, France
Email: support.bodybloom@gmail.com