1. THESE TERMS
1.1 What these terms cover. These terms form a part of the Floom Terms of Service. (“Terms”) and provide the terms and conditions on which a Merchant shall supply Goods to you. Any defined terms used but not defined herein shall have the meanings given thereto in the Terms.
1.2 Why you should read them. Please read these terms carefully before you submit your order to Floom. These terms tell you how the Goods will be provided to you, how you may end the contract and other important information.
2. INFORMATION ABOUT THE MERCHANT AND HOW TO GET IN TOUCH
2.1 The Merchant. The legal contract for the supply of the Goods is entered into between you and the Merchant. The Merchant is responsible for supplying the Goods to you. The Merchant’s trading name and contact details can be found on its studio page at www.floom.com.
2.2 Contact. If you have a question or need any assistance you should contact Floom Ltd (Floom), in the first instance. You can telephone Floom’s customer service team at +1 646-968-0316 or by writing to Floom at [email protected] and Floom Limited, N201B, Vox Studios, 1-45 Durham Street, Vauxhall, SE11 5JH, United Kingdom.
2.3 How the Merchant or Floom may contact you. If the Merchant or Floom needs to contact you they will do so by telephone or by writing to you at the email address or postal address you provided in your order.
2.4 "Writing" includes emails. When the words "writing" or "written" are used in these terms, this includes emails.
3. THE MERCHANT'S CONTRACT WITH YOU
3.1 How your order will be accepted. All listings on the Service are invitations to bargain, and not offers capable of acceptance. You make an offer to the applicable Merchant when you submit an order, which may be accepted by Floom on the Merchant’s behalf. Acceptance of your order will take place when Floom emails you to accept and confirm it, at which point a contract will come into existence between you and the Merchant for the supply by the Merchant to you of the Goods (the “Contract”).
3.2 If the Merchant can’t supply the Goods. If the Merchant is unable to supply you with the Goods, for example because the Goods are not in stock or no longer available, Floom or the Merchant will inform you of this by email or phone. Floom will then refund you the full amount of the Goods, including any delivery costs charged, as soon as reasonably possible.
3.3 Your order number. Floom will assign an order number to your order and Floom will tell you what it is when it accepts and confirms your order. It will help Floom and the Merchant if you can quote the order number whenever you contact the Merchant or Floom about your order.
4.1 Goods may vary slightly from their pictures. The images of the Goods on Floom’s website at www.floom.com are for illustrative purposes only. Your Goods may vary slightly from those images.
4.2 Goods packaging may vary. The packaging of the Goods may vary from that shown in images on Floom’s website.
5.1 Delivery costs. Where same day delivery is selected, the costs of delivery of the Goods will be as displayed on Floom’s website.
5.2 When the Merchant will deliver the Goods. During the order process you will be asked to select when you want the Goods to be delivered.
5.3 Same day delivery. If you place an order before midday on a working day and you have selected same day delivery, the Goods shall be delivered to the recipient on the same day. If you place an order on a non-working day and select same day delivery, the Goods shall be delivered to the recipient during any of the next fourteen (14) working days.
5.4 If you place an order after midday. If you place an order after midday, the Merchant shall deliver the Goods to the recipient on the date selected by you which may not be less than 24 hours nor more than fourteen (14) days after the date of the order and which must be a working day.
5.5 The Merchant shall ensure that the Goods are properly packed, stored and secured in such manner as to enable them to reach you in good condition.
5.6 The Merchant shall deliver or arrange for the Goods to be delivered:
(a) to the address set out in the email Floom sends you when it accepts and confirms your order, or to such other address as you may notify Floom or the Merchant prior to delivery;
(b) at such time and date as is set out in the email accepting and confirming your order.
5.7 The Merchant is not responsible for delays outside its control. If the Merchant’s supply of the Goods is delayed by an event outside its control then Floom will contact you as soon as possible to let you know and the Merchant will take steps to minimize the effect of the delay. Provided the Merchant does this it will not be liable for delays caused by the event, but if there is a risk of significant delay (a delay of more than 24 hours) you may contact Floom to end the Contract and receive a refund for any Goods you have paid for but not received.
5.8 If recipient is not at home when the Goods are delivered. If no one is available to take delivery of the Goods, the Merchant will either leave the Goods with a neighbor, with reception (if there is one), or outside the recipient’s front door.
5.9 When you become responsible for the Goods. The Goods will be your responsibility from the time the Merchant delivers the Goods to the address you supply to Floom when you place the order.
5.10 When you own the Goods. You own the Goods once Floom has received payment in full for them.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 You may be able to end your Contract with the Merchant. Your right to end the Contract will depend on whether there is anything wrong with the Goods, how the Merchant is performing and when you decide to end the Contract. These are the only circumstances in which you can end the Contract:
(a) If the Goods are not of satisfactory quality or mis-described you may have a legal right to end the contract (or to get the Goods replaced or to get some or all of your money back).
(b) Floom or the Merchant has told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed.
(c) There is a risk that supply of the Goods may be significantly delayed because of events outside the Merchant’s control.
(d) You have a legal right to end the contract because of something the Merchant has done wrong.
6.2 Tell Floom you want to end the Contract. To end the Contract with the Merchant under Section 6.1, please let Floom know by email at [email protected] Please provide your name, home address, details of the order, reason for cancellation and, where available, your phone number and email address.
6.3 What happens if you end the Contract under Section 6.1. If the Contract is ended under Section 6.1, Floom will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. We do not accept returns of Goods, since these items are perishable.
6.4 When your refund will be made. Floom will make any refunds due to you as soon as possible.
7. PRICE AND PAYMENT
7.1 Where to find the price of the Goods. The price of the Goods (which includes sales tax and delivery costs where standard delivery is selected) will be the price indicated on the relevant checkout page of Floom’s website when you placed your order. Where same day delivery is selected, the price of the Goods (which includes sales tax) and the delivery cost will be indicated on the relevant checkout page of Floom’s website when you placed your order. Floom takes all reasonable care to ensure that the price of the Goods advised to you is correct. However please see Section 7.3 if Floom discovers an error in the price of the Goods you order.
7.2 Floom will pass on changes in the rate of sales tax. If the rate of sales tax changes between your order date and the date the Merchant supplies the Goods, Floom will adjust the rate of sales tax that you pay, unless you have already paid for the Goods in full before the change in the rate of sales tax takes effect.
7.3 Pricing errors. It is always possible that, despite Floom’s best efforts, some of the Goods Floom displays for sale on its website may be incorrectly priced. If the Goods' correct price at your order date is higher than the price stated to you, Floom will contact you for your instructions before your order is accepted. In these circumstances, you may have the right to end the Contract under Section 6.1.
7.4 When you must pay and how you must pay. Floom accepts payment with Visa, Mastercard and American Express. You must pay for the Goods before the Merchant dispatches them.
8. THE MERCHANT'S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 The Merchant is responsible to you for foreseeable loss and damage caused by it. If the Merchant fails to comply with these terms, it is responsible for loss or damage you suffer that is a foreseeable result of it breaching this Contract or failing to use reasonable care and skill, but it is not responsible for any loss or damage that is not foreseeable.
8.2 The Merchant does not exclude or limit in any way its liability to you where it would be unlawful to do so.
8.3 The Merchant is not liable for business losses. The Merchant only supplies the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose the Merchant will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. HOW THE MERCHANT MAY USE YOUR PERSONAL INFORMATION
9.1 The Merchant will use the personal information you provide to Floom to supply the Goods to you.
9.2 The Merchant will only give your personal information to other third parties where the law either requires or allows it to do so.
10. OTHER IMPORTANT TERMS
10.1 The Merchant may transfer this agreement to someone else. The Merchant may transfer its rights and obligations under the Contract to another organization.
10.2 You need the Merchant’s consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if the Merchant agrees to this in writing.
10.3 Even if the Merchant delays in enforcing this contract, it can still enforce it later. If the Merchant does not insist immediately that you do anything you are required to do under these terms, or if it delays in taking steps against you in respect of your breaching this Contract, that will not mean that you do not have to do those things and it will not prevent the Merchant taking steps against you at a later date.
10.4 Which laws apply to this contract and where you may bring legal proceedings. These terms and the Contract are governed by the laws of the state of New York exclusive of its conflicts of laws provisions and, except with respect to disputes with Floom as set forth in Section 16 of the Terms, you agree that any disputes under these Merchant Terms will be resolved exclusively in the state and federal courts located in New York County, New York.