terms & conditions
Terms & Conditions
Use of the Service
Subject to the Terms of this Agreement, Bluum hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site for your own non-commercial personal use.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Bluum in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Bluum in advance and in writing. Bluum reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Bluum believes that client conduct violates applicable law or is harmful to Bluum’s interests. Any discount code usage for a bluum subscription is reserved for new customers only (one code per customer/household) unless otherwise noted.
Bluum reserves the right to, temporarily or permanently, modify or discontinue the Service (or any part thereof) with our without notice. You agree that Bluum will not be liable to you or any other third party for any modification or discontinuation of the Service.
Service Description and Box Content
The Service allows users to send boxes as a gift or receive boxes (“the Boxes”) with sample products, full-size products, offers, coupons, articles and other information. Users can participate in the Bluum community by reviewing products and Boxes, receive newsletters with information and offers.
We make no guarantees that you will receive a particular product in a Box or that certain products will be available in your Box. Sample products come in limited quantities and may not be available in the future. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. The products within the Boxes are not manufactured by Bluum, but rather by Bluum’s suppliers.
For information on returns and refunds of full-size products that you bought through the Bluum website, please see our Frequently Asked Questions. If you have any questions or complaints about a product, please contact us at firstname.lastname@example.org
Registration and Membership
In order to enjoy all the benefits of Bluum, you must register and become a member. Registration is easy, and there is no purchase commitment to register. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Bluum reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. Certain information may contain pricing-, typographical- or other errors or inaccuracies. Errors will be corrected when discovered without liability, and Bluum reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
If you wish to make a purchase using the Service (e.g. to purchase a Box subscription or full-size products), you will be required to provide Bluum information regarding your credit card or other payment instrument (such as PayPal). You warrant to Bluum that such information is true and that you are authorized to use the payment instrument. You agree to pay Bluum the amount that is specified in the Service in accordance with these Terms of Service. If you have subscribed to the Service, you hereby authorize Bluum to bill your credit card or payment instrument in advance on a periodic basis in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement. All payments made are non-refundable. If you dispute any charges you must let Bluum know within thirty (30) days after the date that Bluum charges you. If you did not receive the Box or full-size product, but were charged for it, please contact us at email@example.com.
We reserve the right to change Bluum’s subscription plan prices at any time. In this case, Bluum will provide notice of the change on the Site or in an email notification to you, at least 30 days before the effective date of the change. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
You are solely responsible for all reviews, blog comments or posts, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service. Bluum reserves the right to take appropriate legal action against anyone who, in Bluum’s discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Bluum. Product representations expressed on this Site are not made by Bluum.
Copyright and Trademarks
All Web site design, text, graphics, and the selection and arrangement thereof are Copyright 2011 by Bluum Inc. All rights reserved, or in the case of product material, all text and graphics are Copyright by the original owner. Permission is granted to copy electronically and to print in hard copy portions of this Web site for the sole purpose of using this Web site as an information resource (or of ordering goods or services and using this site as a shopping resource). Any other use of materials on this Web site-including reproduction for purposes other than noted above, modification, distribution, or reproduction-without the prior written permission of Bluum is strictly prohibited.
The Bluum name and logo are trademarks and service marks of Bluum Inc. All other trademarks and service marks, product names and company names or logos cited herein are the property of their respective owners.
Bluum respects the intellectual property of others, and we ask our users to do the same. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Bluum will process notices of alleged infringement which it receives and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
- Bluum Inc.
325 W. 38th Street, 14th Floor
New York, NY 10018
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Bluum does not claim ownership of any materials you make available through the Site.You are solely responsible for the content and other materials you post on the Site or transmit to or share with other users or recipients. You will not post any content that you did not create or that you do not own all right, title and interest in. With respect to any materials you submit or make available for inclusion on the Site, you grant Bluum a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, store, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby acknowledge and agree that any materials you provide are non-confidential and Bluum will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You acknowledge and agree that Bluum may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Bluum, its users and the public.
Links to Other Web Sites
Bluum makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this Site, or Web sites linking to this Site.
Warranties and Disclaimers
Bluum intends for the information and data contained in the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided "AS IS." You expressly agree that your use of this site is at your sole risk. Bluum expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by this Site, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement.
You understand that Bluum is not the manufacturer of the Products purchased by you hereunder and the only warranties offered are those of the manufacturer, not Bluum or its Affiliates. In using the Products, you are relying on the manufacturer’s specifications only and you are not relying on any statements, specifications, photographs or other illustrations representing the Products that may be provided by Bluum or its Affiliates. You expressly waive any claim that you may have against Bluum or its Affiliates based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any Product and also waive any right to indemnification from Bluum or its Affiliates against any such Claim made against you by a third party. You acknowledge that no employee of Bluum or its Affiliates is authorized to make any representation or warranty on behalf of Bluum or any of its Affiliates that is not in this Agreement.
Limitation of Liability
In no event shall Bluum or its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site or via other channels, including but not limited to phone and email, be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the site or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if Bluum has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of Bluum or its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Bluum in connection with the event giving rise to such liability.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Risk of Loss
The risk of loss and title for merchandise purchased by you pass to you upon Bluum’s delivery of the items to the carrier.
We would hate to see you go but if you need to go you can cancel a monthly subscription anytime (we have convenient pausing features, too!). Monthly subscriptions can be canceled before the 1st of the month to avoid getting billed and getting shipped the next box. Subscriptions on a longer billing cycle than monthly (3, 6, 12 months) can only be cancelled after the initial prepaid term has been completed.
Bluum does not accept returns of the monthly boxes.
You agree that additional terms and conditions may apply to specific products, orders, sweepstakes or contests or your use of certain portions of the Site, including with respect to ordering, shipping and return policies and membership reward programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
These Terms and Conditions, any statements of work, the services hereunder and any sale of products hereunder shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any arbitration enforcement of an arbitration or litigation will be held exclusively in New York City, New York, and Member consents to the jurisdiction of the Federal and State courts located herein, submits to the jurisdiction thereof and waives the right to change venue. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding. Except in the case of non-payment, neither party may institute any action in any form arising out of these Terms more than one (1) year after the cause of action has arisen.
Customer feedback is very important to us. We are always looking for ways to serve you better. Please contact us with any questions you may have. We are here to serve you and we guarantee your satisfaction.
- By Email: firstname.lastname@example.org
- By Phone: 1.888.668.6620
- By Fax: 1.917.397.3355
- By Mail:
- Bluum Inc.
325 W. 38th Street, 14th Floor
New York, NY 10018