Terms of service
OVERVIEW
Welcome to Deadly Bloom! The terms "we", "us", and "our" refer to Deadly Bloom. Deadly Bloom operates this store and website, including all related information, content, features, tools, products, and services, to provide you as a customer with a customized shopping experience (the "Services"). Deadly Bloom is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or this Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or otherwise manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and delivery information. You represent and warrant that any information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display as accurately as possible the products and services offered in our online stores. Please note, however, that colors or product appearance may differ from how they appear on your screen depending on the type of device you use to access the store and on your device's settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those shown or described in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and may limit the quantity of any product we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Deadly Bloom reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until Deadly Bloom has confirmed that we have received it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it, as Deadly Bloom may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided at the time the order was made.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, prices listed do not include taxes, shipping, handling, duties, or import fees.
Prices in our online stores may differ from prices in physical stores, online stores, or other stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will apply.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including all applicable shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and cannot be guaranteed. We are not responsible for delays caused by couriers, customs processing, or events beyond our control. Once we hand off the products to the carrier, title and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by Deadly Bloom, its affiliates, or licensors.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent. Except as expressly stated herein, nothing in these Terms shall be construed as conferring any license to you under any of our or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. All rights not expressly granted herein are reserved by Deadly Bloom.
Deadly Bloom's names, logos, product and service names, designs, and slogans are trademarks of Deadly Bloom or its affiliates or licensors. You may not use such trademarks without the prior written permission of Deadly Bloom. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor have any control nor input over as part of the Services.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed subject to these Terms of Service as soon as they are introduced.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded features from third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to visit. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites, your purchase, or your use of any products, services, resources, or content available on any third-party website. Please review the third parties' policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Deadly Bloom is powered by Shopify, which enables us to provide the Services to you. However, all purchases and sales you make in our store take place directly with Deadly Bloom. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Deadly Bloom, including any harm or damages arising from products and services purchased. You hereby release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with Deadly Bloom.
SECTION 10 – PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, which can be read here. By using the Services, you confirm that you have read these privacy policies.
Because the Services are provided by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services on our behalf. Information that you provide to the Services will be transferred to and shared with Shopify and third parties who may be located in countries other than the country in which you reside, for the purpose of providing services to you. Please review our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If, at our request, you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, comments, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media, for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or otherwise have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with providing Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) keep any Feedback confidential, (2) pay compensation for any Feedback, or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit, or cause the upload or transmission of, any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Deadly Bloom, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its content.
EXCEPT AS EXPRESSLY STATED BY Deadly Bloom, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Deadly Bloom, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Deadly Bloom, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from any claim, demand, loss, or damages, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will provide you notice of any such claim, suit, or proceeding, provided that failure to provide such notice promptly shall not relieve you of your obligations hereunder, unless such failure prejudices your rights. We may control the defense and settlement of any such claim, at your expense, including choice of legal counsel, but we will not settle any claim requiring a non-monetary obligation on your part without your consent (such consent not to be unreasonably withheld). You agree to cooperate with any reasonable requests assisting our defense of any such claim, including providing relevant documentation.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or provincial laws applicable in the jurisdiction where Deadly Bloom's headquarters are located, without regard to its conflict of law provisions. You and Deadly Bloom consent to the venue and personal jurisdiction of such courts.
SECTION 22 – HEADINGS
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms in any way.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@deadlybloom.se.
Our contact information is provided below:
contact@deadlybloom.se