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Policies
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Terms & ConditionsThis website is operated by Quiana Thomas and the Bloom Big Stem Bar team. Throughout the site, the terms “we”, “us” and “our” refer to Quiana Thomas and the Bloom Big Stem Bar team. Bloom Big Stem Bar offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Our store is hosted on Wix Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 1. ONLINE STORE TERMS 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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. 2. CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 4. MODIFICATIONS Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 5. PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 6. BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 7. OPTIONAL We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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 optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 8. THIRD-PARTY Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 10. PERSONAL INFORMATION Please visit 'Policy' section. 11. ERRORS AND INACCURACIES Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 12. PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 13. DISCLAIMER OF WARRANTIES We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, 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. In no case shall Quiana Thomas, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 14. INDEMNIFICATION You agree to indemnify, defend and hold harmless Quiana Thomas and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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Privacy PolicyEFFECTIVE: JULY 1, 2022 Bloom Big Stem Bar., as operator of this website (“Bloom Big Stem Bar”, “we” or “us”) has created this privacy policy (“Privacy Policy”) in connection with information collected through its website located at bloombigstembar.com (“Website”) mobile sites, and applications. By using the Website, you (“you”) agree to the terms and conditions of this Privacy Policy. This Privacy Policy applies to all users, including those who use the Website without subscribing to the Website and those who have subscribed to the Website (collectively “users”). This Privacy Policy applies to our collection and use of your personal information (i.e., information that identifies a specific person, such as full name or email address). 1. INFORMATION THAT IS COLLECTED 1.1 PERSONAL INFORMATION Personal information is any information that can be used to identify, locate or contact you. We collect the following types of personal information: Contact information that allows us to communicate with you, such as your name, username, mailing address, telephone numbers, country of residence, billing information, email address or other addresses that allow us to send you emails or messages. Transaction information about how you interact with Bloom Big Stem Bar including your purchase history and customer account information. We generally collect personal information directly from you or directly from you through Wix. We may ask you for personal information when you interact with Bloom Big Stem Bar, such as subscribing to the Website, liking us on social media, or signing up to receive e-mail newsletters. 1.2 AUTOMATIC INFORMATION Examples of the automatic information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; and the phone number you used to call our number. We may associate such automatic information with the personal information you provide. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of the Website for fraud prevention and other purposes to help us better serve users with information relevant to their particular desires, needs and/or interests. “Cookies” are text files placed on your computer to collect Internet log information and visitor behavior information. Mobile When using the Website on your mobile device, additional information, such as your location, may be automatically collected. Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device's settings menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or your device manufacturer. 2. HOW YOUR INFORMATION IS USED Bloom Big Stem Bar uses your information to deliver personalized content to you; Provide you with marketing communications from Bloom Big Stem Bar and, in some cases, our partners; Administer surveys and other promotional events that you may voluntarily choose to join; Keep you signed in on our Website; Understanding how you use our Website based on your preferences, interests, purchasing history and browsing behavior so we can personalize your experience. These could include what language you prefer, the advertisements you see and the location you are in. Manage our everyday business needs, such as payment processing and financial account management, product development, contract management, website administration, forum management, fulfillment, analytics, security and fraud prevention, corporate governance, reporting and legal compliance. Bloom Big Stem Bar limits its sharing of your information to third-parties, and may share your information with Bloom Big Stem Bar 's affiliates, who may only use your information in compliance with this Privacy Policy; Bloom Big Stem Bar 's service providers, who are instructed to only use your information in accordance with our instructions; Unaffiliated joint marketing partners, but only if you have given Bloom Big Stem Bar your consent; and other parties or entities where needed to affect the sale or transfer of business assets, in connection with a bankruptcy proceeding, to enforce our rights, protect our property, or protect the rights, property or safety of others, or as needed support external auditing, compliance and corporate governance functions. Bloom Big Stem Bar may also disclose information when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the countries where we operate. Please note that Bloom Big Stem Bar may also use and disclose information about you that is not personally identifiable (i.e. personal information in an aggregate form that no longer identifies you). If Bloom Big Stem Bar intends to use your information in a manner materially different than as set out in this Privacy Policy, Bloom Big Stem Bar will provide you with information on that other purpose prior to that use. 3. SECURITY OF YOUR INFORMATION Bloom Big Stem Bar takes commercially reasonable steps to protect the security of your information. Bloom Big Stem Bar takes commercially reasonable steps to protect the security of your information. Bloom Big Stem Bar provides physical, electronic, and procedural safeguards to protect information. Please be aware that, although Company endeavors to provide reasonable security for information we process and maintain, no website, internet transmission, computer system or wireless connection is completely secure and cannot prevent all potential security breaches. Company cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Website is at your own risk. 4. EXTERNAL LINKS Bloom Big Stem Bar is committed to your right to privacy. However, please note that this Privacy Policy only applies to the Website and not to any other websites or applications that you may access from the Website, each of which may have privacy policies that are materially different from this Privacy Policy. Bloom Big Stem Bar encourages you to be aware when you leave the Website and to read the privacy policies of each and every other website and/or application, as Bloom Big Stem Bar is not responsible or liable for the commitments and obligations made to you in any privacy policy or the terms and conditions of any such website or application. 5. CONSENT TO PROCESSING IN THE UNITED STATES The Website is operated in the United States. By providing any information to us, all users, including, without limitation, users in the member states of the European Union, Canada, China or elsewhere outside of the United States, fully understand and consent to this Privacy Policy. By using the Website, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States. 6. CHILDREN This Website is not designed for Children. Except where otherwise indicated, we do not knowingly collect or store any personal information from children. If a parent or guardian becomes aware that his or her child has provided us with information without his or her consent, he or she should contact us at floral@bloombigstembar.com. As required by law, we will use commercially reasonable efforts to delete such personal information from our files within a reasonable time. 7. ACCESS, CORRECTION AND OTHER RIGHTS If you have an online account, you can log into your account at any time to access and update your information. You may ask Company to: Provide you with a copy of your personal data; Correct mistakes to your personal information including your profile; Delete your personal information; Restrict processing of your personal information; and Provide you with a copy of the personal information you provided to us. If you need any assistance updating your personal information, please contact us floral@bloombigstembar.com. 8. DATA RETENTION Bloom Big Stem Bar retains your information for as long as your account is active, or as long as needed for the business purposes described in this privacy policy, in accordance with applicable legal standards. Bloom Big Stem Bar will process your personal data for no longer than is necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or allowed by law. To determine the appropriate retention period for personal data, Bloom Big Stem Bar considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances Bloom Big Stem Bar may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case Bloom Big Stem Bar may use this information indefinitely without further notice to you. 9. CALIFORNIA PRIVACY RIGHTS If you are a California resident, the California consumer privacy act ("CCPA") requires the following additional rights. Please note your right to know and right to delete are subject to certain exceptions under the CCPA. You may authorize an agent to exercise these rights on your behalf by providing a notarized power of attorney evidencing that you have authorized this agent to exercise your rights under the CCPA: Disclosures About Your Information: We collect the information as described under Section 1 entitled “INFORMATION WE COLLECT”. Bloom Big Stem Bar uses this information as described under Section 2 entitled “HOW YOUR INFORMATION IS USED” Right to Know: California residents may request information regarding the following: the categories of personal information we have collected about you, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom the business shares personal information and the specific pieces of personal information it has collected about that consumer. Right to Delete: You may request that Bloom Big Stem Bar delete the personal information that we have collected about you. Note that Bloom Big Stem Bar may retain some information as required or permitted by applicable law. Please note that, although we do our best to remove information or content, Bloom Big Stem Bar cannot guarantee complete removal (i.e. when content or information has been reposted by a third party user). Right to Non-Discrimination: Bloom Big Stem Bar will not discriminate you for exercising any of these above-mentioned rights. Online Tracking and Do Not Track Disclosures: Please note that third parties other than Bloom Big Stem Bar may collect personal data about the activities of users of the Website over time and across different websites. Do Not Track (“DNT”) is a privacy setting available by most browsers. Bloom Big Stem Bar currently does not respond to browser DNT signals. Bloom Big Stem Bar does not and will not sell personal data as the term “sell” is defined by the CCPA. If you are a California resident that would like to exercise any of your above rights, please contact us at: floral@bloombigstembar.com. Disclosure and delivery of the requested information is free of charge and shall be delivered within 45 days of receiving a verifiable request from you. The disclosure shall cover the 12-month period preceding your verifiable requests. 10. EUROPEAN RESIDENTS If you are a resident of the European Union, you have certain rights and protections under the law, including the general data protection regulation ("GDRP"), regarding the processing of your personal data. Legal Basis for Processing Bloom Big Stem Bar uses your information as described under Section 2 entitled “HOW YOUR INFORMATION IS USED.” Bloom Big Stem Bar will only use your information with your consent to do so, which you may withdraw at any time. Disclosures and Rights We want to make sure you are fully aware of all of your data protection rights. You are entitled to the following: Right to Access: EU residents may request information regarding the following: the categories of personal information we have collected about you, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom the business shares personal information and the specific pieces of personal information it has collected about that consumer. Right to Delete: You may request that Bloom Big Stem Bar delete the personal information that we have collected about you. Note that Bloom Big Stem Bar may retain some information as required or permitted by applicable law. Please note that, although we do our best to remove information or content, Bloom Big Stem Bar cannot guarantee complete removal (i.e. when content or information has been reposted by a third party user). Right to Rectify: You have the right to request that Bloom Big Stem Bar correct any information you believe is inaccurate. You also have the right to request Bloom Big Stem Bar to complete information you believe is incomplete. Right to Restrict Processing: You have the right to object to Bloom Big Stem Bar's processing of your personal information, subject to certain conditions. Right to Data Portability: You have the right to request that Bloom Big Stem Bar transfer the data that we have collected to another organization, or directly to you, under certain conditions. Right to Non-Discrimination: Bloom Big Stem Bar will not discriminate you for exercising any of these above-motioned rights. Bloom Big Stem Bar does not and will not sell personal data as the term “sell” is defined by the CCPA. If you would like to exercise any of these rights, please contact us at: floral@ bloombigstembar.com. If you make a request, Bloom Big Stem Bar shall respond to you within one month. Complaints and Questions If you are a European resident who has complaints or concerns regarding how we process personal data that we are unable able to resolve, you have the right to lodge a complaint with the relevant data privacy authority according to where you live. 11. POLICY CHANGES Bloom Big Stem Bar reserves the right to modify, alter or otherwise update this privacy policy from time to time, so you are encouraged to review this privacy policy from time to time. Your continued use of the Website following the posting of such modifications, alterations or updates will signify your acceptance thereof. Please note that each time you use the Website, the current version of this Privacy Policy will apply. If Bloom Big Stem Bar changes its Privacy Policy, Bloom Big Stem Bar will date and post those changes on the Website so that you are always aware of what information we collect, how such information is used and under what circumstances, if any, such information is disclosed. Any and all changes to the Privacy Policy will also be reflected on this page. Unless we obtain your express consent, any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect. If at any point Bloom Big Stem Bar decides to use information in a manner different from that stated at the time it was collected, Bloom Big Stem Bar will notify you and you will then have a choice whether or not Bloom Big Stem Bar can use such information in this different manner. 12. ACCEPTANCE OF TERMS By using the website, you hereby accept all of the terms set forth in our privacy policy. If you do not agree to accept all or any portion of such terms, then you are respectfully asked not to use the Website. CONTACT US If you have any questions please contact us: Email: floral@bloombigstembar.com
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Refund PolicyAll sales are final as flowers are a perishable item. It is the recipient’s responsibility to water and re-cut stems. Please note, issues of not liking the arrangement are not grounds for return. However, if there’s an issue regarding quality, a store credit may be available.
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Substitution PolicyOur unique creations are one of a kind which can’t be exactly replicated. Occasionally, substitutions of flowers or containers are required due to seasonality and market conditions which may affect availability. Should this be the case, we’ll ensure the style, theme and color scheme of your arrangement matches its temperament. We’ll only substitute items equal or higher value.
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