Terms of service
OVERVIEW
Welcome to BLOM. The terms “we”, “us” and “our” refer to BLOM / Blomgarden, operated by Wesley de Groot, trading under the name BLOM / Blomgarden.
BLOM operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). BLOM is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy:
https://www.blomgarden.nl/policies/privacy-policy
If you do not agree to these Terms of Service or 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 country, state or province of residence, or that you have given consent for any minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information and shipping information.
You represent and warrant that all information you provide to us is correct, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
BLOM sells flower bulbs, tubers, corms, roots, rhizomes, plants and related garden products. These are living natural products. We make every effort to provide accurate product descriptions, photographs, planting information and care guidance.
However, because our products are natural and living, size, shape, colour, flowering time, fragrance, growth habit and performance may vary depending on the variety, season, climate, soil, planting conditions, storage, watering, sunlight and care.
Product images are intended to give a fair impression of the product and expected flowering result, but the final result in your garden may differ from what is shown on the website.
We do not guarantee that the appearance, colour, height, flowering time or performance of any product will be exactly the same as depicted on our website.
All product descriptions, images, prices and availability are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products that 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 products from BLOM. We reserve the right to accept, refuse, limit or cancel your order where necessary, including but not limited to cases of stock issues, pricing errors, payment issues, suspected fraud, incorrect product information, shipping restrictions or misuse of the website.
Your order is not accepted until BLOM confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Once an order has been accepted and processing has started, we may be unable to accommodate cancellation or change requests.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address or phone number provided at the time the order was placed.
Your purchases are subject to return or refund only in accordance with our Refund Policy:
https://www.blomgarden.nl/policies/refund-policy
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless we have agreed otherwise in writing.
SECTION 4 - PRICES 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 shown in your order confirmation email.
Unless otherwise stated, prices include VAT where applicable. Shipping costs, handling costs, customs duties, import charges or other local charges may be calculated separately where applicable.
Prices shown in our online store may differ from prices offered in physical stores, marketplaces, third-party platforms or other online stores.
We may offer promotions from time to time. These promotions may be subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply to that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you when needed.
You represent and warrant that:
1. The payment information you provide is true, correct and complete;
2. You are authorised to use the selected payment method;
3. Charges incurred by you will be honoured by your payment provider;
4. You will pay all charges incurred by you at the posted prices, including shipping charges and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We ship orders to the countries and regions listed on our website. Shipping options, shipping prices and free-shipping thresholds may vary by country and may change from time to time.
Delivery times shown on our website are estimates only. They are not guaranteed. We are not liable for shipping or delivery delays caused by carriers, customs processing, incorrect address details, weather, seasonal pressure, strikes, force majeure events or circumstances outside our reasonable control.
You are responsible for providing a complete and accurate delivery address. If an order cannot be delivered due to an incorrect or incomplete address, we may not be responsible for additional shipping costs, delays or loss.
Once your order has been handed over to the shipping carrier, delivery is handled by that carrier. If there is an issue with delivery, we will do our best to help, but we cannot fully control the carrier’s process.
SECTION 6 - LIVING PRODUCTS, PLANTING AND CARE
Flower bulbs, tubers, corms, roots, rhizomes and plants are living natural products. Their success depends partly on correct planting, storage and care.
You are responsible for following the planting and care instructions provided on our website, in our planting guides, on packaging or in other communication from BLOM.
Products should be planted in the correct season, at the correct depth, in suitable soil and under suitable light, moisture and temperature conditions. Incorrect storage, late planting, overwatering, underwatering, frost damage, pests, disease, poor soil conditions or other external factors may affect growth and flowering.
Our 100% Growth & Bloom Guarantee may apply where stated separately and where the relevant conditions are met. The guarantee does not replace your statutory consumer rights.
SECTION 7 - RETURNS AND REFUNDS
Returns and refunds are handled in accordance with our Refund Policy:
https://www.blomgarden.nl/policies/refund-policy
Because many of our products are living natural products, certain products may not be returnable once they have been planted, used, damaged after delivery, stored incorrectly or are no longer in their original condition.
If your order arrives damaged, incomplete or incorrect, please contact us as soon as possible at support@blomgarden.com and include your order number and clear photos where possible.
Nothing in these Terms limits any statutory consumer rights that may apply to you.
SECTION 8 - INTELLECTUAL PROPERTY
Our Services, including but not limited to our trademarks, brand name, logo, text, product descriptions, images, graphics, videos, reviews, layout, design, website structure and other content, are owned by BLOM, its partners, suppliers or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, copy, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.
Nothing in these Terms grants you any right, title or interest in any intellectual property belonging to BLOM, Shopify or any third party.
The names, logos, product names, service names, designs and slogans of BLOM are trademarks or trade identifiers of BLOM. You may not use them without our prior written permission.
Shopify’s name, logo, product names and service names are trademarks of Shopify. All other names, logos, product names and service names on the Services are the property of their respective owners.
SECTION 9 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services. We neither monitor nor have control over such third-party tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement.
We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider.
We may also offer new features, tools or resources through the Services in the future. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
The Services may contain links or references to websites, tools, materials or services provided or operated by third parties.
We are not responsible for examining or evaluating the content, accuracy, policies or practices of third-party websites or services. If you choose to access third-party websites or materials, you do so at your own risk.
We are not liable for any harm, damage or loss related to your access to third-party websites or your purchase or use of any products, services, resources or content offered by third parties.
Please review the policies and practices of third parties before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 11 - RELATIONSHIP WITH SHOPIFY
BLOM is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make through our store are made directly with BLOM. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and BLOM, including any injury, damage or loss resulting from purchased products and services.
You hereby release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with BLOM.
SECTION 12 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here:
https://www.blomgarden.nl/policies/privacy-policy
Certain personal information may also be subject to Shopify’s Privacy Policy. Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit to the Services may be transmitted to and shared with Shopify and other third parties that help us provide our Services, process payments, fulfil orders, deliver parcels, provide customer support, improve our website or comply with legal obligations.
By using the Services, you acknowledge that you have read our Privacy Policy.
SECTION 13 - FEEDBACK, REVIEWS AND USER CONTENT
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, photos, videos, proposals, plans or other content (collectively, “Feedback”), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
We may use Feedback to operate, provide, evaluate, enhance, improve and promote the Services, our products and our brand.
You represent and warrant that:
1. You own or have all necessary rights to the Feedback;
2. Your Feedback does not violate the rights of any third party;
3. Your Feedback is accurate and not misleading;
4. You have disclosed any compensation or incentives received in connection with your Feedback;
5. Your Feedback complies with these Terms.
We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing or otherwise objectionable.
You may not use a false email address, pretend to be someone else or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, images, pricing, promotions, offers, product availability, shipping charges, transit times or other information.
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, including after you have submitted your order.
If a pricing or availability error affects your order, we will contact you where necessary.
SECTION 15 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly:
1. For any unlawful, fraudulent or malicious purpose;
2. To violate any applicable laws, rules or regulations;
3. To infringe upon or violate our intellectual property rights or the rights of others;
4. To harass, abuse, insult, harm, defame, slander, intimidate or discriminate against any person;
5. To transmit false, misleading or deceptive information;
6. To upload or transmit viruses, malware or any other harmful code;
7. To send spam, phishing messages, unsolicited promotions or similar communications;
8. To impersonate another person or entity;
9. To interfere with or disrupt the Services, servers, networks or security features;
10. To collect or track the personal information of others;
11. To scrape, copy, extract, reproduce, sell, resell or exploit any portion of the Services without permission;
12. To use automated systems, bots, crawlers, scraping tools, AI agents or similar technologies in a way that violates these Terms or interferes with the Services.
We reserve the right to suspend, disable or terminate your access to the Services at any time if we determine that you have violated these Terms.
SECTION 16 - AGENTS AND AUTOMATED ACCESS
This section applies if you use, allow, enable or cause the deployment of any automated system, bot, crawler, scraper, AI agent, software tool or similar service to access, use or interact with the Services.
No automated tool may access, use or interact with the Services in a way that:
1. Misrepresents its identity;
2. Circumvents security measures, CAPTCHAs, access controls or technical restrictions;
3. Places an unreasonable load on our website or systems;
4. Scrapes, copies, extracts or stores content without permission;
5. Violates these Terms or applicable law.
We may limit, block or restrict automated access to the Services at our discretion.
SECTION 17 - TERMINATION
We may terminate this agreement or your access to the Services, or any part of the Services, at our discretion and without notice if we determine that you have violated these Terms or used the Services in an unlawful or harmful way.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after 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 that by their nature should survive termination.
SECTION 18 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant that all information is complete, accurate, current or suitable for your specific circumstances.
Any reliance you place on such information is at your own risk.
Because our products are natural and living, we cannot guarantee specific garden results, flowering times, colours, heights or performance, except where expressly stated in our 100% Growth & Bloom Guarantee or required by law.
Except as expressly stated by BLOM or required by applicable law, the Services and products offered through the Services are provided “as is” and “as available”, without warranties, representations or conditions of any kind, either express or implied.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
Nothing in these Terms limits your statutory consumer rights.
SECTION 19 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, BLOM, our partners, employees, contractors, suppliers, service providers and licensors shall not be liable for any indirect, incidental, special, punitive or consequential damages of any kind, including but not limited to lost profits, lost revenue, loss of data, replacement costs or similar damages arising from your use of the Services or products purchased through the Services.
Our liability for any claim relating to a product purchased through the Services shall, where legally permitted, be limited to the purchase price paid for the product concerned.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for intent, gross negligence or mandatory consumer rights under applicable law.
SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BLOM, Shopify and our affiliates, partners, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of:
1. Your breach of these Terms;
2. Your violation of any law or the rights of a third party;
3. Your misuse of the Services;
4. Your Feedback or content submitted to the Services.
We will notify you of any indemnifiable claim where reasonably possible. We may control the defence and settlement of such claim, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld.
SECTION 21 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms. This shall not affect the validity and enforceability of the remaining provisions.
SECTION 22 - WAIVER; ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms 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 website constitute the entire agreement between you and us regarding your use of the Services and supersede any prior or contemporaneous agreements, communications or proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 23 - ASSIGNMENT
You may not transfer, assign or delegate these Terms or any of your rights or obligations under them without our prior written consent.
We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice, provided this does not reduce your statutory consumer rights.
SECTION 24 - 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 laws of the Netherlands.
Any disputes arising out of or relating to these Terms, the Services or purchases made through our store shall be submitted to the competent courts of the Netherlands, unless mandatory consumer protection laws provide otherwise.
SECTION 25 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Where required by applicable law, we will notify you of material changes.
Your continued use of or access to the Services following the posting of changes to these Terms constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
support@blomgarden.com
Our contact information is posted below:
BLOM / Blomgarden
Wesley de Groot, trading under the name BLOM / Blomgarden
Email:
support@blomgarden.com
Business address:
Zilkerduinweg 124
2191 AP De Zilk
The Netherlands
Phone:
+31 6 39478150
Business registration number:
KVK 98819208
VAT identification number:
NL005355413B74