Terms of service

Overview

Welcome to Bloom & Birch. Throughout these Terms of Service, the terms "we," "us," and "our" refer to Bloom & Birch.

Bloom & Birch operates this website and online store, including all associated information, content, features, tools, products, and services (collectively, the "Services"), to provide you with a thoughtfully curated shopping experience. Our store is powered by Shopify, whose platform enables us to deliver our Services securely and efficiently.

These Terms of Service, together with any policies referenced within them, outline the rights and responsibilities that apply when you access or use our Services.

We encourage you to read these Terms carefully, as they contain important information regarding your legal rights, including warranty disclaimers, limitations of liability, and other key provisions.

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms or our Privacy Policy, you should refrain from accessing or using our Services.

Section 1 – Access and Account

By using our Services, you confirm that you have reached the age of majority in your country, state, or province of residence. Where applicable, you also confirm that you have provided consent for any minor dependents under your care to access our Services using devices that you own, purchase, or manage.

To access certain features of our Services, including creating an account or placing an order, you may be required to provide personal information such as your name, email address, billing details, payment information, and shipping address. You agree that all information you provide is accurate, complete, current, and that you have the legal authority to provide such information.

You are solely responsible for maintaining the confidentiality and security of your account credentials, as well as for all activities conducted through your account. Accounts are personal and may not be transferred, assigned, sold, or otherwise made available to another individual or entity.

Section 2 – Our Products

We strive to present our products as accurately as possible through detailed descriptions and high-quality imagery. However, actual colours, textures, and product appearance may vary depending on your device, screen settings, and display configuration.

While we make every effort to ensure our product information is accurate, we cannot guarantee that every product will appear exactly as shown online or meet individual expectations regarding colour, finish, or appearance.

All product descriptions, specifications, availability, and pricing are subject to change without prior notice at our sole discretion. We also reserve the right to discontinue any product or limit the quantities available for purchase by any individual, geographic region, or jurisdiction whenever deemed necessary.

Section 3 – Orders

By placing an order through our website, you are submitting an offer to purchase the selected products. All orders are subject to acceptance by Bloom & Birch, and we reserve the right to accept, decline, or cancel any order at our sole discretion.

An order is considered accepted only after payment has been successfully received and processed and you have received an order confirmation from us. We kindly encourage you to review your order carefully before completing your purchase, as we may not be able to accommodate cancellation or modification requests once an order has been confirmed.

Should we be unable to fulfil, modify, or cancel your order, we will make every reasonable effort to notify you using the email address, billing details, or telephone number provided during checkout.

All returns and exchanges are governed exclusively by our Refund Policy [LINK].

By placing an order, you confirm that all purchases are intended for personal or household use only and are not made for commercial resale or export.

Section 4 – Prices and Billing

All prices displayed on our website are subject to change without prior notice. The applicable price for your purchase will be the price displayed at the time your order is placed and will be confirmed in your order confirmation email.

Unless otherwise stated, product prices do not include applicable taxes, shipping fees, customs duties, import charges, or other related costs, which may be added where applicable.

Prices shown on our website may differ from those offered through other sales channels or by third-party retailers. From time to time, we may offer promotions or special pricing that are subject to separate terms and conditions. In the event of any inconsistency, the terms governing the specific promotion shall prevail.

You agree to provide accurate, complete, and up-to-date billing, payment, and account information for every purchase. You are responsible for ensuring that your details, including your email address, payment information, and billing address, remain current so that we can process your orders and contact you when necessary.

By submitting your payment information, you represent and warrant that:

the payment details you provide are accurate and complete;
you are authorised to use the selected payment method;
your payment provider will honour the transaction; and
you agree to pay all applicable charges, including product prices, shipping costs, taxes, and any additional fees associated with your order.

Section 5 – Shipping and Delivery

We are committed to dispatching your order as promptly as possible. However, all delivery timeframes provided are estimates and should not be considered guaranteed delivery dates.

Bloom & Birch is not responsible for delays resulting from shipping carriers, customs procedures, adverse weather conditions, or other circumstances beyond our reasonable control.

Ownership of, and responsibility for, the products transfers to you once your order has been handed over to the shipping carrier.

Section 6 – Intellectual Property

All content available through our Services—including, but not limited to, trademarks, brand elements, text, product descriptions, images, graphics, videos, audio, website design, layouts, and overall presentation—is the exclusive property of Bloom & Birch, its affiliates, licensors, or content providers and is protected by applicable copyright, trademark, and intellectual property laws.

Our Services are provided solely for your personal, non-commercial use. Unless expressly authorised in writing, you may not copy, reproduce, distribute, modify, publish, transmit, display, create derivative works from, or otherwise exploit any part of our Services or their content.

Nothing contained within these Terms grants you any ownership rights or licence to use any intellectual property belonging to Bloom & Birch, Shopify, or any third party. All rights not expressly granted remain fully reserved.

The Bloom & Birch name, logo, product names, designs, and other brand elements are trademarks owned by or licensed to Bloom & Birch and may not be used without our prior written permission.

Shopify and its related names, logos, and trademarks remain the property of Shopify Inc. All other trademarks, service marks, and brand names displayed on our Services belong to their respective owners.

Section 7 – Optional Tools

From time to time, we may provide access to tools, applications, or services offered by third-party providers as part of our Services. These tools are made available for your convenience; however, Bloom & Birch does not own, monitor, control, or endorse them.

Any optional third-party tools are provided on an "as is" and "as available" basis, without warranties, representations, or guarantees of any kind. We accept no responsibility or liability for your use of, or reliance upon, such tools.

Your use of any optional third-party tool is entirely at your own discretion and risk. We encourage you to review and understand the applicable terms, conditions, and privacy policies of the relevant third-party provider before using their services.

From time to time, we may introduce new features, services, tools, or resources to enhance your shopping experience. Unless otherwise stated, these additions will form part of our Services and will be governed by these Terms of Service.

Section 8 – Third-Party Links

Our Services may include links to third-party websites, applications, or other external resources, including embedded functionality provided by independent providers. These links are offered solely for your convenience.

Bloom & Birch does not control, review, or endorse the content, accuracy, security, or practices of any third-party websites or services. Accessing such websites is entirely at your own discretion and risk.

We accept no responsibility or liability for any loss, damage, or inconvenience arising from your use of third-party websites or from any products, services, or content obtained through them.

Before engaging in any transaction or providing personal information to a third-party website, we recommend that you carefully review its terms, conditions, and privacy policy. Any questions, concerns, or claims relating to third-party products or services should be directed to the relevant provider.

Section 9 – Relationship with Shopify

Bloom & Birch is powered by Shopify, whose platform enables us to operate our online store and provide our Services securely and efficiently.

All purchases made through our website are transactions entered into directly between you and Bloom & Birch. Shopify acts solely as the technology platform facilitating our online store and is not a party to any sales agreement between you and Bloom & Birch.

By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of your purchase, including product quality, order fulfilment, shipping, customer support, or any loss, injury, or damage arising from products or services purchased through our store.

To the fullest extent permitted by law, you release Shopify and its affiliates from any claims, liabilities, damages, or disputes arising out of or relating to your transactions with Bloom & Birch.

Section 10 – Privacy Policy

Your privacy is important to us. Any personal information collected through our Services is processed in accordance with our Privacy Policy [LINK]. Because our store operates on the Shopify platform, certain information may also be collected and processed in accordance with Shopify's Privacy Policy, available here [LINK].

By accessing or using our Services, you acknowledge that you have read and understood both privacy policies.

As our website is hosted by Shopify, certain personal information relating to your use of our Services may be collected and processed by Shopify to operate, maintain, improve, and secure the platform. Information you provide may also be shared with carefully selected service providers and partners, including those located outside your country of residence, where necessary to process payments, fulfil orders, deliver services, or support the operation of our store.

For further details about how Bloom & Birch, Shopify, and our trusted partners collect, use, store, and protect your personal information, please refer to our Privacy Policy [LINK].

Section 11 – Feedback

We welcome your ideas, suggestions, reviews, comments, and other feedback regarding our products and Services (collectively, "Feedback").

By submitting, uploading, posting, emailing, or otherwise providing Feedback to Bloom & Birch, you grant us a perpetual, worldwide, non-exclusive, transferable, sublicensable, royalty-free licence to use, reproduce, modify, adapt, publish, distribute, display, and otherwise utilise your Feedback in any medium and for any lawful purpose, including improving, operating, promoting, and developing our Services.

By submitting Feedback, you represent and warrant that:

you own, or have all necessary rights to, the Feedback you provide;
you have disclosed any compensation, incentives, or benefits received in connection with your Feedback, where applicable; and
your Feedback complies with these Terms of Service and all applicable laws.

Unless required by law, we are under no obligation to:

treat your Feedback as confidential;
provide compensation for your Feedback; or
acknowledge or respond to your submission.

We reserve the right, but have no obligation, to review, edit, refuse, or remove any Feedback that we determine, at our sole discretion, to be unlawful, offensive, defamatory, abusive, fraudulent, misleading, obscene, or otherwise objectionable, or that infringes upon the rights of any third party or violates these Terms.

You further agree that your Feedback will not infringe upon any copyright, trademark, privacy, publicity, or other intellectual property or proprietary rights of any third party. Feedback must not contain malicious software, viruses, or other harmful code that could affect the operation or security of our Services.

You are solely responsible for the accuracy, legality, and content of any Feedback you provide. Bloom & Birch accepts no responsibility or liability for any Feedback submitted by you or any third party.

Section 12 – Errors, Inaccuracies and Omissions

While we strive to ensure that all information presented through our Services is accurate and up to date, occasional typographical errors, inaccuracies, or omissions may occur. These may relate to product descriptions, pricing, promotions, availability, shipping costs, estimated delivery times, or other information.

Bloom & Birch reserves the right to correct any errors, inaccuracies, or omissions at any time without prior notice. We may also update information, modify product details, or cancel orders if any information is found to be inaccurate, including after an order has been submitted.

Section 13 – Prohibited Uses

You may access and use our Services only for lawful purposes and in accordance with these Terms of Service.

You agree not to use our Services, directly or indirectly, for any purpose that is unlawful, fraudulent, harmful, or otherwise prohibited, including but not limited to:

violating any applicable laws, regulations, or legal requirements;
infringing the intellectual property or other legal rights of Bloom & Birch or any third party;
harassing, threatening, intimidating, abusing, or harming any individual;
providing false, misleading, or deceptive information;
transmitting unsolicited advertising, spam, chain letters, or similar communications;
impersonating another person or organisation;
engaging in conduct that interferes with, restricts, or negatively affects another person's use of the Services; or
engaging in any activity that could damage, disable, overburden, or compromise the integrity, security, or operation of our Services.

You further agree not to:

upload or transmit viruses, malware, or other malicious code;
copy, reproduce, duplicate, distribute, or commercially exploit any part of the Services without our written permission;
collect or misuse the personal information of other users;
use automated systems, including robots, spiders, scraping tools, bots, artificial intelligence agents, or similar technologies, to access or extract information from the Services without our prior written consent;
bypass, interfere with, or attempt to circumvent security measures, authentication systems, or access restrictions implemented by Bloom & Birch.

If we reasonably believe that you have violated these Terms, we reserve the right to suspend, restrict, or permanently terminate your access to the Services at any time and without prior notice.

Section 14 – Agents

14.1 Scope

These Agent Terms apply if you use, enable, authorise, or deploy any software, artificial intelligence system, automated service, or other autonomous or semi-autonomous technology ("Agent") to access, interact with, or use our Services.

For the purposes of these Terms, an Agent means any software or service capable of acting on behalf of a person or organisation, with limited or no direct human supervision.

14.2 Authorised Access

No Agent may access or interact with our Services unless it clearly identifies itself as an automated system and fully complies with the requirements set out in these Agent Terms.

Bloom & Birch reserves the right to prohibit or restrict any Agent from accessing our Services. Where we have requested that an Agent cease accessing or interacting with the Services, that request must be respected.

14.3 Access Restrictions

We may implement technical measures, rate limits, authentication requirements, or other safeguards to regulate, restrict, or prevent automated access to our Services at our sole discretion.

14.4 Agent Requirements

Any Agent accessing our Services must:

clearly identify itself as an automated system in all HTTP/HTTPS requests by including "Agent/[agent name]" within its user-agent string;
accurately disclose that interactions originate from an automated system and must not imitate or misrepresent human behaviour;
refrain from bypassing CAPTCHAs or other mechanisms designed to distinguish automated activity from human users;
respond truthfully whenever asked whether an interaction is generated by a human or an automated system; and
respect all technical restrictions and security measures implemented by Bloom & Birch to manage or limit automated access.

Section 15 – Termination

Bloom & Birch reserves the right, at its sole discretion, to suspend or terminate your access to the Services, or to terminate these Terms of Service, at any time and without prior notice.

In the event of termination, you remain responsible for all outstanding obligations and payments incurred up to and including the effective date of termination.

The provisions of these Terms that, by their nature, are intended to survive termination shall remain in full force and effect. These include, without limitation, the sections relating to Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that are reasonably intended to survive termination.

Section 16 – Disclaimer of Warranties

The information, content, and materials made available through our Services are provided for general informational purposes only. While we strive to ensure that all information is accurate and up to date, Bloom & Birch makes no representations or warranties regarding the accuracy, completeness, reliability, or usefulness of any information provided through the Services.

Any reliance you place on the information available through our Services is entirely at your own risk. To the fullest extent permitted by applicable law, Bloom & Birch disclaims all responsibility and liability arising from your reliance on such information.

Except where expressly stated by Bloom & Birch, all Services, products, and content are provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, whether express, implied, or statutory.

This includes, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that our Services will be uninterrupted, secure, error-free, or available at all times. Because some jurisdictions do not permit the exclusion of certain implied warranties, portions of this disclaimer may not apply to you.

Section 17 – Limitation of Liability

To the fullest extent permitted by applicable law, Bloom & Birch, together with our affiliates, directors, officers, employees, agents, contractors, service providers, licensors, business partners, and Shopify and its affiliates, shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to your access to, or use of, our Services or any products purchased through them.

This limitation includes, but is not limited to, claims involving:

personal injury or property damage;
loss of profits, revenue, business opportunities, or anticipated savings;
loss or corruption of data;
replacement costs;
interruptions to business operations; or
any other commercial or financial loss.

These limitations apply regardless of the legal basis of the claim, whether arising in contract, tort (including negligence), strict liability, or otherwise, and even if Bloom & Birch has been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

Section 18 – Indemnification

You agree to indemnify, defend, and hold harmless Bloom & Birch, Shopify, and each of our respective affiliates, directors, officers, employees, agents, contractors, licensors, partners, and service providers from and against any claims, liabilities, losses, damages, costs, expenses, or reasonable legal fees arising from or relating to:

your breach of these Terms of Service or any documents incorporated by reference;
your violation of any applicable law or regulation;
your infringement of the rights of any third party; or
your access to or use of our Services.

Where an indemnifiable claim arises, Bloom & Birch will notify you as soon as reasonably practicable. A delay in providing notice will not relieve you of your obligations unless you are materially prejudiced by that delay.

We reserve the right to assume control of the defence and settlement of any such claim at your expense. However, we will not agree to any settlement imposing non-monetary obligations upon you without your prior consent, which shall not be unreasonably withheld.

You agree to cooperate fully in the defence of any indemnified claim, including providing relevant information and documentation when reasonably requested.

Section 19 – Severability

If any provision of these Terms of Service is determined by a court or other competent authority to be unlawful, invalid, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law wherever possible.

Any unenforceable portion shall be deemed severed from these Terms without affecting the validity, legality, or enforceability of the remaining provisions, all of which shall continue in full force and effect.

Section 20 – Waiver and Entire Agreement

Any failure by Bloom & Birch to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies, guidelines, or operating rules published on our website or otherwise relating to the Services, constitute the complete and exclusive agreement between you and Bloom & Birch regarding your use of the Services. They supersede all prior or contemporaneous agreements, communications, negotiations, representations, or proposals, whether written or oral, including any previous versions of these Terms.

Any ambiguity in the interpretation of these Terms shall not be construed against either party on the basis that one party drafted the agreement.

Section 21 – Assignment

You may not assign, transfer, delegate, or otherwise dispose of any of your rights or obligations under these Terms of Service without our prior written consent. Any attempted assignment made without such consent shall be null and void.

Bloom & Birch reserves the right to assign, transfer, or delegate these Terms of Service, together with any associated rights and obligations, at any time without prior notice or your consent.

Section 22 – Governing Law

These Terms of Service, together with any separate agreements through which we provide our Services, shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction in which Bloom & Birch is established.

Unless otherwise required by applicable consumer protection laws, you and Bloom & Birch agree that any dispute arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts within that jurisdiction.

Section 23 – Headings

The section headings contained within these Terms of Service are included solely for convenience and ease of reference. They do not form part of these Terms and shall not affect the interpretation or application of any provision.

Section 24 – Changes to the Terms of Service

The most current version of these Terms of Service will always be available on this page.

Bloom & Birch reserves the right, at its sole discretion, to amend, update, or replace any part of these Terms of Service at any time by publishing the revised version on our website.

Where required by applicable law, we will provide notice of any material changes before they become effective. It is your responsibility to review these Terms periodically to remain informed of any updates.

Your continued access to or use of our Services after any revised Terms become effective constitutes your acceptance of those changes.

Section 25 – Contact Information

If you have any questions regarding these Terms of Service, please contact us using the details below.

Bloom & Birch

Email: anjaorazem@gmail.com

Business Address: Valična vas 10A