Terms of service

TERMS OF SERVICE & SALE

OVERVIEW

This website is operated by Native Bloom. Throughout the site, "we," "us," and "our" refer to [SOLLUME LLC] d/b/a Native Bloom ("Native Bloom"). 

By visiting our site and/or purchasing from us, you engage in our "Service" and agree to be bound by these Terms of Service & Sale ("Terms"), including additional policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, and contributors of content.

Please read these Terms carefully before using our website. If you do not agree to all terms and conditions, you may not access the website or use any Services. Any new features or tools added to the site are also subject to these Terms. 

We reserve the right to update or replace any part of these Terms by posting updates to this page. Your continued use of the site constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the ecommerce platform used to process transactions and deliver our Services.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction while using this Service. You must not transmit any worms, viruses, or destructive code. A breach of any of these Terms will result in immediate termination of access.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted across networks and modified to conform to technical requirements. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

SECTION 3 — ACCURACY OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or not current. Material on this site is provided for general information only and should not be relied upon as your sole basis for decisions. We may update site content at any time but have no obligation to do so.

SECTION 4 — MODIFICATIONS TO SERVICE & PRICING

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice, and we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance.

SECTION 5 — PRODUCTS OR SERVICES

Certain products may be available exclusively online and in limited quantities, subject to return or refund only in accordance with our Refund Policy. We have made every effort to display product colors and images accurately, but we cannot guarantee that your device's display will be accurate. We reserve the right to limit sales, limit quantities per person or order, discontinue any product, and refuse any order.

SECTION 6 — BILLING & ACCOUNT INFORMATION

We reserve the right to refuse any order, and may limit or cancel quantities purchased per person, household, or order, including orders placed under the same customer account, credit card, or billing/shipping address. You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store, and to promptly update your account and payment information so we can complete your transactions and contact you as needed.

SECTION 7 — OPTIONAL THIRD-PARTY TOOLS

We may provide access to third-party tools that we neither monitor nor control. You agree that we provide such tools "as is" without warranties of any kind, and any use of them is entirely at your own risk and subject to the applicable third-party provider's terms.

SECTION 8 — THIRD-PARTY LINKS

Certain content and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we have no liability for third-party materials, websites, products, or services. Complaints or claims regarding third-party products should be directed to the third party.

SECTION 9 — USER COMMENTS, FEEDBACK & SUBMISSIONS

If you send us submissions (comments, reviews, ideas, suggestions), you agree that we may, without restriction, edit, copy, publish, distribute, and otherwise use them in any medium, without obligation to maintain confidentiality, pay compensation, or respond. You agree your submissions will not violate any third-party rights or contain unlawful, abusive, or harmful material. We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion to be objectionable.

SECTION 10 — PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy: https://trynativebloom.com/pages/privacy-policy

SECTION 11 — ERRORS, INACCURACIES & OMISSIONS

Occasionally there may be information on our site containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after an order has been submitted).

SECTION 12 — PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any regulations, rules, or laws; (d) to infringe upon our or others' intellectual property rights; (e) to harass, abuse, defame, or discriminate; (f) to submit false or misleading information; (g) to upload viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with security features of the Service. We reserve the right to terminate your use of the Service for violating any prohibited use.

SECTION 13 — TERMS OF SALE

THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY 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. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT WITH [SOLLUME LLC], OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE BY APPLICABLE LAW.

13.1 Order Acceptance and Cancellation. Your order is an offer to buy the products listed in your order under these Terms. All orders must be accepted by us, and we may decline any order in our sole discretion. After receiving your order, we will send a confirmation email with your order number and details. Acceptance of your order and formation of the contract of sale occur only when you receive your order confirmation email.

13.2 No Medical Advice. The material on this Site is provided for general informational purposes only and is not intended as medical advice or a substitute for advice from a qualified healthcare provider. 

The statements made on this Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. 

Consult your healthcare provider before using any product, particularly if you are pregnant, nursing, taking medication, or have a medical condition. 

Native Bloom does not guarantee that you will achieve any particular health or wellness outcome. 

Individual results vary based on factors unique to you, including age, health status, and genetics.

13.3 Prices and Payment. All posted prices are subject to change without notice. 

The price charged will be the price in effect at the time your order is placed, as set out in your order confirmation email. 

Posted prices do not include taxes or shipping and handling charges, which will be itemized at checkout and in your confirmation email. 

We are not responsible for pricing or typographical errors and reserve the right to cancel orders arising from such errors. 

By submitting payment information, you represent that: (i) you are authorized to use the card or account; (ii) all payment information is complete and accurate; (iii) you are responsible for any payment card fees; and (iv) sufficient funds exist to cover the amounts due. We and our payment service providers may receive updated card information (such as new card numbers and expiration dates) from your card issuer and will update your account accordingly. If your bank or card issuer reverses a charge, we may bill you directly and seek payment by another method.

13.4 Subscriptions and Automatic Renewals. Some of our products are offered on a recurring subscription basis. By purchasing a subscription, you authorize us to charge your payment method automatically at the recurring interval you selected at checkout (e.g., every 30, 60, or 90 days), beginning on your initial purchase date, until you cancel. 

YOUR SUBSCRIPTION WILL CONTINUE AND AUTOMATICALLY RENEW UNTIL YOU CANCEL OR PAUSE. 

TO AVOID BEING CHARGED FOR THE NEXT RENEWAL, YOU MUST CANCEL AT LEAST 24 HOURS BEFORE YOUR NEXT SCHEDULED BILLING DATE. 

You may cancel at any time through your customer account portal (accessible via the link in your order and subscription emails) or by contacting our support team at support@trynativebloom.com

Cancellation requests received after a scheduled billing date will apply to the following billing period; charges already processed are subject to our Refund Policy.

We may modify subscription pricing with advance notice, and price changes will apply to renewals occurring after the notice period. We may decline to renew any subscription in our sole discretion.

13.5 Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of products to you. You will pay all shipping and handling charges specified during checkout.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed.

We are not liable for shipment delays. Orders containing multiple products may ship in separate packages from separate fulfillment locations and may arrive at different times.

13.6 Refunds and Returns. To be eligible for a refund, all of the following conditions must be met: refund requests must be submitted to support@trynativebloom.com within thirty (30) days of the confirmed delivery date; requests made after thirty (30) days from the confirmed delivery date are not eligible; shipping and handling fees are non-refundable. 

Product returns are not required and will not be accepted. Refund eligibility is strictly limited to the thirty (30) day period following the confirmed delivery date.

More information about the process can be found in the Refund Policy: https://trynativebloom.com/pages/privacy-policy

13.7 Goods Not for Resale or Export. You represent that you are purchasing products for your own personal or household use only, and not for resale or export, and agree to comply with all applicable laws and regulations of the United States.

SECTION 14 — ELECTRONIC COMMUNICATIONS

(a) You consent to receive electronic communications from Native Bloom by email at the address on your account or by postings on the Site, and agree such communications satisfy any legal requirement that communications be in writing. Communication frequency will vary based on your interactions with our products, campaigns, and the Site.

(b) SMS/Text Messaging. By providing your telephone number to Native Bloom under any SMS program and completing the applicable consent mechanism, you consent to receive transactional, promotional, and marketing text messages from or on behalf of Native Bloom. Message frequency varies; message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

We may share your SMS opt-in status and related data with third parties that help us deliver messaging services (such as platform providers and carriers); SMS data is used solely to administer the messaging program in accordance with our Privacy Policy, and mobile contact information will not be sold or shared with third parties for their own marketing purposes.

You may withdraw consent at any time by replying STOP to any message, or reply HELP for assistance. For support, contact support@trynativebloom.com.

SECTION 15 — DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THE SITE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIVE BLOOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SECTION 16 — LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL NATIVE BLOOM, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, SUPPLIERS, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), ARISING FROM (1) USE OF OR INABILITY TO USE THE SITE; (2) USE OF OR INABILITY TO USE ITEMS PURCHASED ON THE SITE; OR (3) THE COST OF SUBSTITUTE SERVICES OR ITEMS.

IN NO EVENT WILL NATIVE BLOOM'S TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID NATIVE BLOOM IN THE PRECEDING TWELVE (12) MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

CERTAIN JURISDICTIONS, INCLUDING NEW JERSEY, PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LIMIT THE ABILITY TO DISCLAIM IMPLIED WARRANTIES. IF YOU ARE A CUSTOMER IN SUCH A JURISDICTION, THE FOREGOING SECTIONS ARE INTENDED TO BE ONLY AS BROAD AS PERMITTED UNDER THE LAWS OF YOUR JURISDICTION, AND ANY INVALID PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS. IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Native Bloom and its officers, directors, employees, agents, and suppliers from any claim or demand, including reasonable attorneys' fees, arising from your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 18 — FORCE MAJEURE

We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including flood, fire, earthquake, governmental actions, war, terrorist acts, civil unrest, national emergency, pandemic, epidemic, labor disputes, carrier delays, supply shortages, telecommunication breakdowns, or power outages.

SECTION 19 — GOVERNING LAW

All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision that would cause the application of the laws of any other jurisdiction.

SECTION 20 — 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) YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, OUR PRIVACY POLICY OR THESE TERMS, OUR ADVERTISING OR MARKETING PRACTICES, OR OUR PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES. THIS PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"), 9 U.S.C. §§ 1-16. 

THE ARBITRATOR HAS EXCLUSIVE AUTHORITY TO DETERMINE WHETHER A DISPUTE IS ARBITRABLE, SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF [STATE] TO THE EXTENT CONSISTENT WITH THE FAA, AND MAY AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES BETWEEN YOU AND NATIVE BLOOM AND MAY NOT CONSOLIDATE CLAIMS OR HEAR CLASS OR REPRESENTATIVE CLAIMS. IF ANY PART OF THIS AGREEMENT TO ARBITRATE IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REMEDY, THAT CLAIM OR REMEDY (AND ONLY THAT ONE) MUST BE BROUGHT IN COURT, AND ALL OTHER CLAIMS MUST BE ARBITRATED.

(b) NOTWITHSTANDING THE FOREGOING, NATIVE BLOOM MAY BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS FOR INJUNCTIVE OR EQUITABLE RELIEF ARISING FROM ANY ACTUAL OR POTENTIAL INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, AND YOU CONSENT TO VENUE AND PERSONAL JURISDICTION IN SUCH FORUM.

(c) UNLESS YOU TIMELY OPT OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR CLAIM; (B) OBTAIN PRE-HEARING DISCOVERY TO THE SAME EXTENT AS IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR ARBITRATION; (D) ACT AS A PRIVATE ATTORNEY GENERAL; OR (E) JOIN OR CONSOLIDATE YOUR CLAIM WITH THOSE OF OTHERS.

(d) YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU PURCHASED A PRODUCT THROUGH THIS WEBSITE BY SENDING A LETTER TO: [SOLLUME LLC], ATTN: LEGAL DEPARTMENT, [BUSINESS ADDRESS], STATING YOUR NAME, THE PRODUCT PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

SECTION 21 — ASSIGNMENT

You may not assign your rights or delegate your obligations under these Terms without our prior written consent. Any purported assignment in violation of this Section is null and void.

SECTION 22 — NO WAIVERS; SEVERABILITY; NO THIRD-PARTY BENEFICIARIES

Our failure to enforce any right or provision of these Terms does not waive future enforcement of that right or provision. If any provision of these Terms is found invalid or unenforceable, it will be severed and the remaining provisions will remain in full force. These Terms do not confer any rights or remedies on any person other than you.

SECTION 23 — NOTICES

We may provide notice to you by email to the address on your account or by posting to the Site; email notices are effective when sent and posted notices upon posting. 

To give us notice, contact us by personal delivery, overnight courier, or registered/certified mail at 2810 North Church Street, Newark, Delaware, USA 19713.

SECTION 24 — ENTIRE AGREEMENT

Your order confirmation, these Terms, and our Privacy Policy constitute the entire agreement between you and us with respect to the matters contained herein.

SECTION 25 — CONTACT

Questions about these Terms: support@trynativebloom.com