BloomRelaxTea

BLOOM & RELAX TEA
TERMS OF USE & USER AGREEMENT

 

These Terms and Conditions of Use (the “Terms of Use”) apply to the Bloom & Relax Tea web site located at www.bloomandrelaxtea.com, and any and all associated sites (collectively, the “Site”). The Site is the property of Bloom & Relax Tea, dba of Uplaton, Inc.

These Terms of Use, together with our Privacy Policy govern your use of the Company’s Site.

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE, IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Bloom and Relax Tea reserves the right to modify these Terms of Use at any time. It is your responsibility to check these Terms of Use regularly to take notice of any changes we may have made. Your continued use of the Site constitutes your agreement to our then-current Terms of Use.  As long as you comply with these Terms of Use, Bloom and Relax Tea grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Intellectual Property

The intellectual property rights in all software and content (including texts, graphics, photographs, trademarks, logos, and artwork) made available to you on or through this Site remains the property of Bloom and Relax Tea or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved for Bloom and Relax Tea and its licensors. You may store, print and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site, nor may you use any such content in connection with any business or commercial enterprise without the express written consent of Bloom and Relax Tea.

Prohibitions

You must not misuse this Site. You may not commit a criminal offense, transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious or technologically harmful.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site, and that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, or any transaction being conducted on the Site, or with any other person’s use of the Site.

You agree that Bloom and Relax Tea may, in its sole discretion and without prior notice, terminate you access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use.

Bloom and Relax Tea will not be liable for any loss or damages caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site, or any websites linked to it.

Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Products of comparable quality may be substituted for products ordered. Items will be shipped upon receipt of full payment of product cost, shipping, and any applicable sales, excise or similar tax.

Bloom and Relax Tea reserves the right to refuse any order made by you. When your order is received, we will inform you by email.

Payment

All payments will be processed by Braintree Paypal, a division of Paypal payment service provider, and will be subject to their Terms of Use.  Upon receiving monies from the debiting of your card, the products ordered shall be shipped to you.

Title, Risk of Loss, Inspection

Shipping times may vary according to availability and subject to delays resulting from postal delays or force majeure for which we will not be responsible. Unless otherwise specified in writing, all domestic shipments shall be delivered FOB Bloom and Relax Tea warehouse, and all shipments outside the United States shall be delivered by appropriate global delivery service carriers. Therefore, title to and risk of loss of the products will pass to the buyer upon such delivery by Bloom and Relax Tea.  You hereby agree to adhere to all applicable United States export law and regulations with respect to the product.

Any stated delivery dates are approximate. Bloom and Relax Tea shall not be liable for any losses, damages, penalties or expenses for failure to meet any delivery date.

You must inspect the products promptly upon receipt for non-conformity of your order with respect to quantity, quality, and/or defects. Failure to provide Bloom and Relax Tea with notice of a claim within 5 days from the date of delivery constitutes a waiver by you of all claims with respect to such products.

Return Policy

We always try to provide the highest quality products, but if there is a defect in any product from Bloom and Relax Tea, we will replace it or refund your money if you submit a claim as set out in the above section (Title, Risk of Loss, Inspection), and use the following procedures.

You will need to obtain our express permission, in writing, or by email or phone to return product.

Any return must occur within 30 days of our granting such permission (hereinafter referred to as “Return Period”).

All return shipments must contain a copy of the original receipt, a note describing the permission of return granted by Bloom and Relax Tea and also indicate the cause and nature of any product defect.

All returns to Bloom and Relax Tea must be shipped via USPS or UPS and accompanied with copies of the original invoice.

If  Bloom and Relax Tea does not receive all of the above information within the Return Period, Bloom and Relax Tea shall return all products to you, at your sole expense. Final disposition of any return credit shall be based solely on Bloom and Relax Tea’s evaluation of the product.

However, under no circumstances can we refund money or accept a return on bulk tea purchases unless the heat-sealed closure is still intact. We cannot accept returns on bulk tea simply because you do not like the flavor. Therefore, we strongly recommend that you read the description carefully and purchase the minimum amount of a new tea before purchasing a large quantity.

Warranties

BLOOM AND RELAX TEA MAKES NO WARRANTY OF ANY KIND REGARDING THE SALE OF ITS GOODS, THE SITE, ANY CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BLOOM AND RELAX TEA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

THERE IS NO WARRANTY THAT (i) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, ITS SERVERS OR ANY E-MAIL SENT FROM BLOOM AND RELAX TEA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.

Limitation of Liability

IN NO EVENT SHALL BLOOM AND RELAX TEA BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISNG OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES.

IF, NOTWITHSTANDING THE FOREGOING, BLOOM AND RELAX TEA SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE LIABILITY OF BLOOM AND RELAX TEA SHALL IN NO EVENT EXCEED THE PRICE THE BUYER PAID TO BLOOM AND RELAX TEA FOR THE SPECIFIC GOODS PROVIDED BY THE SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.

Indemnification

You agree to defend, hold harmless and indemnify Bloom and Relax Tea and their officers, directors, employees and agents from and against any and all third-party claim, cause of action or demand, liability or cost, (including without limitation reasonable legal and accounting fees), as a result of your use of this site or your breach of this Terms of Use.

Governing Law

The law of the state of California, without giving effect to its conflicts of law principles, shall govern all matters arising out of or relating to this agreement and the transactions it contemplates. The parties agree and consent to bring any legal action against the other party arising out of this Agreement or the transactions it contemplates, in the court of San Bernardino County, State of California.

Miscellaneous

No waiver shall be deemed to occur as a result of the failure to enforce any term or condition of this Agreement. No waiver by us of any term in this Agreement or any breach shall constitute or be deemed to be a waiver of any such term or any such breach in any other case. If any clause or portion hereof shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect.

Complaints

We would like to try to resolve disputes when they first arise. So please let us know of any complaints or comments.

Contact Information

Charles Kim
Bloom and Relax Tea

Email: charles@bloomandrelaxtea.com