Terms and Conditions

Last updated: May 16, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to our legal entity. We are in the process of registering our company and we will update this section as soon as this process will be finalized. In the meantime you can contact us by:
  • mail writing to Anthony Vié – 16 Rue de la Fonderie – L1531 Luxembourg – LUXEMBOURG
  • Email, writing to [email protected]
  • Telephone, calling +352 661 321 484

• Country refers to: the registration country of the company. As the registration process is still ongoing, it will for now refer to Luxembourg.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website and the product sold.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to The Blossom Elixir, accessible from www.theblossomelixir.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 EUR if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Additional disclaimers on product orders

Any email or any acknowledgement by us of a receipt of an order placed by you does not mean that we have accepted your order. Acceptance of your order and completion of the contract between you and Us will take place on dispatch to you of the products ordered unless we have told you that we do not accept your order or you have cancelled it.

All the products on the website are subject to availability. We do not guarantee that all items shown on the website are in stock and are available and ready for dispatch. Display of an item on the website is not an indication that the item is in stock.

If you have selected an item that is not in stock we will try to contact you as quickly as we can. We will try to do this within 24 hours (except on weekends and bank/public holidays when we normally do not work).

Accepted orders are normally dispatched within 24 hours of the order being placed on our website except on weekends and bank/public holidays when we normally do not work.

The time for delivery of your order varies according to your chosen method of shipment. We have no control over the goods once they are shipped and cannot guarantee that your order will arrive within the time specified by your chosen method of shipment.

We may dispatch your order in a number of installments.

We will validate your credit/debit card before accepting your order and will charge your card upon dispatch of the goods. Should we encounter any problems processing your payment we will send you an email if you have provided us with an email address. We will try to contact you if your card is declined after you have placed your order but we may not always be able to do this.

We make every effort to ensure the security of online card payments and follow relevant industry guidelines.

The prices quoted on the website are subject to change from time to time. The current price shown on the website at the time you placed your order is the price you will be charged. The prices shown against each item includes VAT, if applicable, as well as postage and packing charges where applicable within  the European Union. If You are ordering from outside of the European Union these charges will be communicated to You separately and the order will be put on-hold until reception of your acknowledgement and agreement on the payment of those charges.

We will try to make sure that the prices and all other information on the website are accurate but we are not liable for anything that happens due to errors that may appear to the fullest extent permitted by law. Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Packing and shipping charges are non-refundable unless due to an error on our part.

If you are not satisfied with your purchase you may return items to us in accordance with our Returns Policy.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company or through the extralegal procedures laid by the EU with Online Dispute Resolution (http://ec.europa.eu/odr).

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

EU Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to any EU member states embargo, or that has been designated by the EU member states as a “terrorist supporting” country, and (ii) You are not listed on any EU memeber states list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by:

• • • mail writing to Anthony Vié – 16 Rue de la Fonderie – L1531 Luxembourg – LUXEMBOURG
    • Email, writing to [email protected]
    • Telephone, calling +352 661 321 484