Terms of service

BLOOM & BOND TERMS OF SALE

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU OPT OUT.

BY PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SLD ECOMMERCE LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through the Bloom & Bond website located at trybloomandbond.com (the “Site”). These Terms are subject to change by SLD Ecommerce LLC, which operates the Bloom & Bond brand (referred to as “Bloom & Bond,” “us,” “we,” or “our,” as the context may require), without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site. You should review these Terms before purchasing any products or services available through the Site. The Terms posted on the Site at the time of your order will apply to that order.

1. ORDER ACCEPTANCE AND CANCELLATION

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any order in our sole discretion. After receiving your order, we will send you a confirmation email containing your order number and details of the items ordered. Acceptance of your order and formation of the contract of sale between Bloom & Bond and you will not take place unless and until you receive your order confirmation email.

We reserve the right to cancel an accepted order if a product is unavailable, the order contains a pricing or product-description error, we suspect fraud or unauthorized activity, or we reasonably believe the order was placed for resale or redistribution. If we cancel an order after charging your payment method, we will refund the amount charged for the canceled portion of the order.

3. PRICES AND PAYMENT TERMS

(a) All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be set out in your order confirmation email. Price increases will apply only to orders placed after the increase. Posted prices do not include taxes or charges for shipping and handling. Applicable taxes and charges will be added to your merchandise total and itemized in your shopping cart and order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us. We reserve the right to cancel orders arising from such errors.

All orders are billed and processed in United States dollars. The Site may display estimated prices in another currency for convenience, but any such display is informational only. Your bank, card issuer, or payment provider determines the applicable currency conversion rate and any associated fees. We do not control or receive those fees.

(b) Terms of payment are within our sole discretion. Unless otherwise agreed by us in writing, we must receive payment before accepting an order. You represent and warrant that (i) the payment information you supply is true, correct, and complete, (ii) you are authorized to use the payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay all charges incurred at the posted prices, including applicable taxes and shipping charges.

4. SUBSCRIPTION RENEWALS

Certain products may be offered on a subscription basis. You will automatically be charged for your ongoing subscription based on the renewal frequency you select at checkout. Each recurring charge will occur on or around the applicable scheduled billing date.

YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT SCHEDULED BILLING DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER PERIOD MATCHING YOUR SELECTED RENEWAL FREQUENCY, AND PAYMENT WILL BE AUTOMATICALLY PROCESSED USING THE PAYMENT METHOD ON FILE.

The subscription price, billing frequency, products included, and applicable shipping charges will be disclosed at checkout and confirmed after purchase. By purchasing a subscription, you authorize us to charge your payment method for each recurring order until you cancel.

You may cancel your subscription through the cancellation method available in your account or by emailing care@thebloomandbond.com. Cancellation requests received after a recurring charge has been processed will apply to the next subscription period. Any return or refund for an order processed before cancellation will be governed by our Returns and Refunds Policy.

You may change your subscription frequency or other available subscription settings through your account. Any change will take effect as indicated when you submit it. We may refuse to renew, suspend, or cancel a subscription in our sole discretion. If we cancel a paid subscription order that we do not fulfill, we will refund the amount paid for that order.

We may change subscription prices upon advance notice. If you do not agree to a price change, you may cancel before the new price takes effect.

5. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

(a) We will arrange for shipment of the products to you. Please check the individual product page and checkout for available delivery options. You will pay all shipping and handling charges specified during the ordering process.

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier, except where applicable law provides otherwise. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays in shipments caused by carriers or circumstances beyond our reasonable control. You are responsible for providing a complete and accurate delivery address. We are not responsible for delivery failures caused by an incorrect or incomplete address supplied by you. If tracking shows that a package was delivered to the address provided with your order, you should first contact the carrier and check the surrounding delivery area before contacting us.

6. RETURNS AND REFUNDS

Returns, exchanges, refunds, satisfaction guarantees, damaged products, and delivery issues are governed by our Returns and Refunds Policy, available at https://trybloomandbond.com/policies/refund-policy, which is incorporated into these Terms.

Products purchased from third-party retailers or marketplaces are subject to the return and refund policies of those sellers. They are not eligible for a return or refund from Bloom & Bond unless we expressly state otherwise.

7. DISCLAIMER OF WARRANTIES

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS EXPRESSLY SET FORTH OTHERWISE. EXCEPT AS SPECIFICALLY PROVIDED IN OUR RETURNS AND REFUNDS POLICY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLOOM & BOND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant or guarantee any particular result from using a product. Any satisfaction guarantee we offer is governed solely by the terms and limitations stated in our Returns and Refunds Policy.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of these exclusions may not apply to you. If we may not disclaim an implied warranty, the scope and duration of that warranty will be the minimum permitted under applicable law.

8. LIMITATION OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, SUCH AS NEW JERSEY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BLOOM & BOND, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, SUPPLIERS, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY, “BLOOM & BOND PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE SITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. IN NO EVENT WILL BLOOM & BOND’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BLOOM & BOND IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

BECAUSE SOME JURISDICTIONS (INCLUDING, WITHOUT LIMITATION, THE STATE OF NEW JERSEY) PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A USER FROM SUCH JURISDICTIONS, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS SITE, WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of these limitations may not apply to you. If you are located in New Jersey, the limitations in this Section do not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition or guarantee or limit liabilities, the scope and duration of such warranty or condition or guarantee and the extent of our liability will be the minimum permitted under such applicable law.

9. MEDICAL DISCLAIMER

You agree that information contained on the Site and materials provided with our products are provided for general informational purposes only. They do not take into account your personal circumstances. Such information is not medical advice and is not a substitute for advice from a qualified healthcare professional.

Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. You are solely responsible for determining whether a product is suitable for your circumstances. Your use of the products and reliance on information provided through the Site are at your own risk.

You should consult an appropriate healthcare professional before using any dietary supplement or beginning any health-related regimen. This is particularly important if you have a medical condition, take medication, are pregnant or nursing, or are considering giving a product to a child. If you experience an adverse reaction, discontinue use and seek appropriate medical attention.

Use of the products or Site does not establish a doctor-patient or other professional relationship. Testimonials and customer reviews reflect individual experiences and do not guarantee that you will achieve the same or similar results.

10. GOODS NOT FOR RESALE OR EXPORT

You represent and warrant that you are buying products or services from the Site for your own personal or household use and not for resale, redistribution, or export. You agree to comply with all applicable state and federal laws concerning the purchase and use of the products.

We may limit quantities or refuse or cancel orders that we reasonably believe were placed for resale or redistribution. You may not list or resell our products on a third-party online marketplace without our prior written authorization.

10. PRIVACY

Our Privacy Policy, located at https://trybloomandbond.com/policies/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

11. FORCE MAJEURE

We will not be liable or responsible to you, or be deemed to have defaulted or breached these Terms, for any failure or delay in performance caused by circumstances beyond our reasonable control. Such circumstances may include acts of God, flood, fire, earthquake, explosion, governmental actions, war, terrorism, civil unrest, national emergency, pandemic, epidemic, labor disputes, carrier delays, supply shortages, telecommunications failures, payment-processor outages, or power outages.

12. GOVERNING LAW AND JURISDICTION

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wyoming.

13. DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Binding Arbitration. You and Bloom & Bond agree that, except for (i) claims related to intellectual property and (ii) claims properly brought in small claims court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to these Terms or your relationship with Bloom & Bond as a customer, whether based in contract, tort, statute, fraud, misrepresentation, or another legal theory (the “Covered Claims”), will be resolved through binding, individual arbitration.

YOUR AGREEMENT TO ARBITRATION MEANS THAT, FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

(b) WAIVER OF CLASS ACTIONS. YOU AND BLOOM & BOND AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING A FEDERAL OR STATE CLASS ACTION OR CLASS ARBITRATION.

An arbitrator may not consolidate more than one person’s claims except as permitted under subsection (d). This subsection does not prevent either party from participating in a class-wide settlement.

If a court finally determines that applicable law prevents enforcement of this subsection for a particular claim or remedy, only that claim or remedy will be severed. Any non-arbitrable claim or remedy will be decided by a court after the arbitrable claims and remedies are resolved.

(c) Conduct of Arbitration; Governing Rules; Informal Resolution. Arbitration of Covered Claims will be administered by JAMS under its Streamlined Arbitration Rules and Procedures and its Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (collectively, the “JAMS Rules”). Information concerning JAMS and its rules is available at jamsadr.com.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Except for issues that applicable law requires a court to decide, the arbitrator will decide all issues concerning the arbitration.

Before initiating arbitration, the initiating party must provide an individualized written notice describing (1) the factual and legal basis for the claim, (2) the claimant’s contact information and counsel, if any, and (3) the relief sought, including claimed monetary damages (the “Notice”).

To provide a Notice to Bloom & Bond, send it to care@thebloomandbond.com and:

SLD Ecommerce LLC
30 N Gould St, Ste R
Sheridan, Wyoming 82801

After receiving the Notice, the parties will attempt in good faith for at least 60 days to resolve the claim. This informal process is a condition precedent to arbitration or court proceedings. Applicable limitation periods and filing deadlines will be tolled during the informal process.

Unless the parties agree otherwise, any arbitration hearing will take place remotely, at a location determined under the JAMS Rules that is reasonably convenient for you, or at another agreed location. Payment of filing, administration, and arbitrator fees will be governed by the JAMS Rules and applicable consumer minimum standards.

The arbitrator may award money or equitable relief only in favor of the individual party seeking relief. Relief will be limited to that necessary to resolve the party’s individual claim. Judgment on the award may be entered in any court of competent jurisdiction.

(d) Mass Arbitrations. If the demands submitted by or against either party qualify as a “Mass Arbitration” under the JAMS Mass Arbitration Procedures and Guidelines, those procedures will apply and supplement the otherwise applicable JAMS Rules.

Each claimant must submit an individual demand. Each arbitration will remain an individual arbitration. The use of coordinated counsel, common administration, grouped discovery, consolidated procedural determinations, or concurrent proceedings does not authorize class or representative arbitration.

JAMS may appoint a Process Administrator to resolve preliminary and administrative matters. The Process Administrator may determine whether, and for what purposes, demands should be batched, consolidated, grouped, or administered concurrently. Such determinations may address discovery, arbitrator appointments, hearing schedules, common procedural issues, or other administrative matters.

No demand will be prohibited from being filed or deemed unfiled solely because another demand or group of demands remains pending. The completion of one arbitration or group of arbitrations is not a condition precedent to filing or administering another arbitration.

Nothing in these Terms requires JAMS to administer batches or arbitrations sequentially. JAMS and the Process Administrator may permit multiple arbitrations, batches, hearings, or other proceedings to proceed concurrently.

The parties will cooperate with JAMS and the Process Administrator to establish a fair and efficient process. Any mediation will be voluntary unless the parties agree otherwise after the dispute arises. Mediation may proceed concurrently with pending arbitrations.

Fees will be governed by the JAMS Mass Arbitration Fee Schedule and applicable consumer minimum standards. Bloom & Bond will pay any fees allocated to it under those rules.

If any portion of the JAMS Mass Arbitration Procedures or this subsection is held unenforceable, the unenforceable portion will be severed. The demands will proceed under the remaining JAMS Rules to the fullest extent permitted by law. No provision of this subsection is intended to make the remaining arbitration agreement dependent on the enforceability of a particular mass-arbitration procedure.

(e) 30-Day Right to Opt Out. You may opt out of the arbitration and class action waiver provisions by sending written notice to care@thebloomandbond.com. The subject line must state “ARBITRATION AND CLASS ACTION WAIVER OPT OUT.”

Your notice must include your first and last name, the email address associated with your order, and a clear statement that you wish to opt out. The notice must be sent within 30 days after you first accept these Terms. If you timely opt out, neither you nor Bloom & Bond will be bound by this Section 14.

(f) Changes to This Section. If we make a material change to this Section 14, you may reject the change by sending written notice within 30 days after the change. Your notice must be sent to the contact information in subsection (c).

Rejecting a later change does not revoke an existing agreement to arbitrate. The version of this Section that you most recently accepted before the rejected change will continue to apply.

(g) Survival. This Section survives termination of these Terms and closure of any Bloom & Bond account.

(h) Federal and State Courts in Wyoming. Except where arbitration is required, any action or proceeding may be instituted only in the state courts located in Sheridan County, Wyoming, or the United States District Court for the District of Wyoming. You and Bloom & Bond consent to the personal jurisdiction and venue of those courts.

14. GENERAL PROVISIONS

(a) Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without the prior written consent of Bloom & Bond. Bloom & Bond may assign or transfer these Terms, or any right or obligation hereunder, at any time without notice or consent. Any attempted assignment in violation of this Section will be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

(b) No Waivers. The failure of Bloom & Bond to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it at a later time. All waivers must be in writing and signed by an authorized representative of Bloom & Bond to be effective.

(c) No Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person or entity other than you and Bloom & Bond, except as expressly provided herein.

(d) Notices.

(e) Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

(f) Entire Agreement. These Terms, together with the order confirmation and the Privacy Policy, constitute the entire agreement between you and Bloom & Bond with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to such subject matter.