BLOSS Purchase Terms
These BLOSS purchase terms (the “Purchase Terms”) tells you the terms and conditions on which you order (the “Order”) physical products (the “Retailer Products”) from third party retailers (the “Retailers”) and digital content (the “Digital Content”) from third party content providers (the “Content Providers”) listed on Our website https://blossapp.com (the “Site”) and the terms upon which We facilitate such Orders.
Please read these Purchase Terms carefully and make sure that you understand them, before placing an Order for any Retailer Products or Digital Content (collectively, the “Products”) from Retailers or Content Providers (collectively, “Third-party Providers”) on the Site.
Subject to clause 6.1 below, you should understand that by placing an Order, you agree to be bound by these Purchase Terms.
You should print a copy of these Purchase Terms or save them to your computer for future reference.
Please understand that if you refuse to accept these Purchase Terms, you will not be able to Order any Products via the Site.
We amend these Purchase Terms from time to time as set out in clause 25 . Every time you wish to Order Products via the Site, please check these Purchase Terms to ensure you understand the terms which will apply at that time.
1 Information about us
1.1 The Site is a website operated by BLOSS LTD (“We”;, “Us” or “Our”). We are registered in England and Wales under company number 13336231 and have Our registered office at Scottsdale House, Springfield Avenue, Harrogate, England, HG1 2HR. Our VAT number is 380018815. We are a limited company.
1.2 To contact Us, please email email@example.com
2 There are other terms that may apply to you
(c) Our Acceptable Use Policy, which sets out the permitted and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
3 Site availability
3.1 We do not facilitate Orders for Retailer Products from addresses outside the United Kingdom.
4 Your status
4.1 By placing an Order with a Third-party Provider via the Site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are resident in the United Kingdom; and
(d) you are accessing the Site from the United Kingdom
5 How the contract is formed between you and the Third-party Provider
5.1 For Retailer Products:
(a) After placing an Order with a Retailer via the Site, you will receive an e-mail from Us acknowledging that the Retailer has received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to the Retailer to buy the Retailer Product.
(b) All Orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Retailer Product has been dispatched by the Retailer (the “Retailer Acceptance Confirmation”).
(c) If the Retailer is unable to supply you with the Products, We will inform you of this and We will not process the Order.
(d) The contract between the Retailer and you (the “Retailer Sales Contract”) will only be formed when We send you the Retailer Acceptance Confirmation. For the avoidance of doubt, where one Order contains Products from multiple Retailers, you will receive the aforementioned e-mails on a Retailer-by- Retailer basis.
(e) We shall assign an order number to the Order and We shall inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
(f) The Retailer Sales Contract will relate only to those Products whose dispatch from the Retailer We have confirmed in the Retailer Acceptance Confirmation.
5.2 For Digital Content:
(a) Placing an Order with a Content Providers via the Site constitutes an offer to the Content Provider to view or download (as the case may be) the Digital Content. You will receive an e-mail from Us confirming acceptance of the Order (the “Content Provider Acceptance Confirmation”).
(b) The contract between the Content Provider and you (the “Content Provider Sales Contract”) will only be formed when We send you the Content Provider Acceptance Confirmation.
5.3 For all Products, we shall assign an order number to the Order and We shall inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
5.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 21
6 Our status
6.1 Please note that We enable Orders as a limited service provider on behalf of Third- party Providers solely providing services that facilitate Retailer Sales Contracts and Content Provider Sales Contract (collectively, the “Sales Contracts”) directly between the Third-party Provider and you for sales of Products via the Site. We are not your agent or the agent of the Third-party Provider. The resulting Sales Contract is between you and that Third-party Provider, and is subject to the terms and conditions of that Third-party Provider, which are displayed on the applicable Product page or the website of the specific Third-party Provider (the “Third-party Terms”). You should carefully review the Third-party Terms applying to the Order. Except in relation to communication with you in relation to each Order (which shall come from BLOSS in accordance with clause 5 ), in the event of any inconsistencies between the Third-party Terms and these Purchase Terms, the Third-party Terms shall prevail.
6.2 The Site facilitates the sale of Products by a Third-party Provider to you. We do not supply such Products directly. We do not give any undertaking that the Products that you order from Third-party Providers through the Site will be of satisfactory quality or fit for purpose, and any such warranties are disclaimed by Us absolutely. This disclaimer does not affect your statutory rights against the Third-party Provider. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.6.3 The enforcement of any contractual obligations arising out of the completion of Sales Contract using the Site is the responsibility of you and the specific Third-party Provider that is party to that Sales Contract. We are not obliged to mediate between you and Third-party Providers or enforce or execute fulfilment of any Sales Contract. You use the Site at your own risk. Subject to clause 12 , You will resolve any subsequent dispute directly with the Third-party Provider.
7 Images of Products
7.1 The images of the Products on the Site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
7.2 The packaging of the Products may vary from that shown on images on the Site
8 Availability and delivery of Products
8.1 All Retailer Products shown on the Site are subject to availability. We will inform you by e-mail as soon as possible if the Retailer Product you have Ordered is not available and We will not process your Order if made.
8.2 Your Order for Retailer Products will be fulfilled by the Retailer by the delivery date set out in the Retailer Acceptance Confirmation or, if no delivery date is specified, then in accordance with the specific Third-party Terms, unless there are exceptional circumstances. Occasionally the completion of the Order and the Retailer’s delivery to you may be affected by an Event Outside Our Control (as defined in clause 20 ). See clause 20 for Our responsibilities when this happens
8.3 Please note that timescales for delivery of Retailer Products and delivery charges will vary depending on the availability of the Retailer Products and your address.
8.4 The Content Provider will make the Digital Content available for download via the Site by you as soon as the Order has been accepted in accordance with these Purchase Terms.
8.5 If the Products are ongoing subscription to receive goods or Digital Content, the Third-party Provider will supply such goods or Digital Content to you until the subscription expires or you or We end the contract as permitted in these Purchase Terms or the applicable Third-party Terms.
8.6 Delivery of an Order:
(a) for Retailer Products shall be completed when the Retailer delivers the Products to the address you gave Us; and
(b) for Digital Content shall be completed when you access, view or download the Digital Content.
8.7 If the Retailer is unable to deliver the whole of the Order at one time due to operational reasons or shortage of stock, the Retailer will deliver the Order in instalments. The Retailer may decide to charge you extra delivery costs for this. In addition, if you ask the Retailer to deliver the Order in instalments, the Retailer may charge you extra delivery costs. Each instalment shall constitute a separate Retailer Sales Contract governed by the Third-party Terms. If the Retailer is late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
9 Our rights to make changes
9.1 We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
9.2 We may update or require you to update Digital Content, provided that the Digital Content shall always match the description of it that we provided to you before you bought it.
10 Risk and title for Retailer Products
10.1 The Retailer Products will be your responsibility from the time of delivery.
10.2 Ownership of the Retailer Products will only pass to you when the Retailer receives full payment of all sums due in respect of the Retailer Products, including delivery charges.
11 Consumer Rights
As a consumer, you have legal rights against the Third-party Provider in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office. Nothing in these Purchase Terms will affect these legal rights.
We ensure that the Third-party Providers warrant to you that any Product purchased from them through the Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
13 If there is a problem with the Products
13.1 In the unlikely event that there is any defect with the Products:
(a) please contact the Third-party Provider as soon as reasonably possible;
(b) if there is a problem with resolving the problem as between you and the Third-party Provider, please give Us a reasonable opportunity to liaise with the Third-party Provider to ensure that the Third-party Provider repairs or fixes any defect; and
(c) the Third-party Provider will use every effort to repair or fix the defect as soon as reasonably practicable.
14 Price and payment
14.1 Payment for:
(a) Retailer Products will be made via the Site directly to Retailers; and
(b) Digital Content will be made via the Site to Us.
14.1.2 The price of the Products and the delivery charges (if applicable) will be as quoted on the Site from time to time, except in cases of obvious error.
14.2 These prices include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery or performance, We will adjust the VAT that you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
14.3 These prices and delivery charges (if applicable) are liable to change at any time, but changes will not affect Orders in respect of which We have already sent you a Retailer Acceptance Confirmation or Content Provider Acceptance Confirmation (each an “Acceptance Confirmation”), as the case may be.
14.4 Our Site contains a large number of Products and it is always possible that, despite Our and the Third Party Provider’s best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product's correct price is less than the stated price, the Third-party Provider or We (as the case may be) will refund the difference between the higher and lower amount. If a Product’s correct price is higher than the price stated on the Site, We will normally, at Our discretion, either contact you for instructions before the Retailer dispatches the Retailer Products or you access or download the Digital Content, or reject your Order and notify you that We are rejecting it.
14.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, We do not have to provide the Products to you at the incorrect (lower) price.
14.6 Payment for all Products must be by credit or debit card. We accept payment via Visa, Mastercard, American Express, Maestro, Shop Pay, Apple Pay, Google Pay and PayPal.
15 Our liability
15.1 Subject to clause 14.3 , if We fail to comply with these Purchase Terms, Our maximum aggregate liability to you in contract, tort (including negligence) or otherwise, however arising, out of or in connection with the performance of Our obligations under these Purchase Terms, in respect of any one or more incidents or occurrences, shall be limited to a sum equal to the purchase price of the applicable Products.
15.2 Subject to clause 14.3 , We will not be liable for losses that result from Our failure to comply with these Purchase Terms that fall into the following categories even if such losses result from Our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 14.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 14.2 . Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time the relevant contract was entered into, whichever the case may be.
15.3 Nothing in these Purchase Terms excludes or limits liability for:
(a) death or personal injury caused by Our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods Act 1982;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods Act 1982 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987; or
(f) any other matter for which it would be illegal for Us to exclude or attempt to
15.4 Third-party Providers only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.5 Where you buy any Product from a Third-party Provider through the Site, the Third- party Provider’s individual liability will be set out in the applicable Third-party Terms.
16 Import duty
16.1 If you order Retailer Products from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
16.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Retailer Products are destined. We will not be liable for any breach by you of any such laws.
17 How We may use your personal information
18 Written communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using the Site, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19.1 All notices given by you to Us must be given to Us at [TRADING ADDRESS]. We may give notice to you at either the e-mail or postal address you provide to Us when placing an Order, or in any of the ways specified in clause 17 . Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19.2 For details of how to serve notices on a Third-party Provider, please see the applicable Third-party Terms (which are accessible via the Site on the relevant Product page).
20 Transfer of rights and obligations
20.1 The contract between you and Us pursuant to these Purchase Terms is binding on you and Us and on your respective successors and assignees.
20.2 You may not transfer, assign, charge or otherwise dispose of any contract formed pursuant to these Purchase Terms, or any of your rights or obligations arising under it, without Our prior written consent.
20.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any contract formed pursuant to these Purchase Terms, or any of Our rights or obligations arising under it, at any time during the term of such contract.
21 Events outside Our control
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations that is caused by events outside Our reasonable control (an “Event Outside Our Control”).
21.2 An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
21.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Purchase Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our performance under these Purchase Terms is deemed to be suspended for the period that the Event Outside Our Control continues, and We will have an extension of time for performance for the duration of that period. Where the Event Outside Our Control affects the Third-party Provider’s delivery of Products to you, We will arrange a new delivery date with you after the Event
Outside Our Control is over. We will use Our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which Our obligations under these Purchase Terms may be performed despite the Event Outside Our Control.
22 Cancellation rights
22.1 Your Order cancellation rights are detailed in the applicable Third-party Terms.
22.2 If We procure the cancellation of an Order for Products before the Products are delivered:
(a) We may procure the cancellation of an Order before the Products are delivered by the Third-party Provider, due to an Event Outside Our Control or (for Retailer Products) the unavailability of stock. We will promptly contact you if this happens; or
(b) if We have to cancel an Order under clause 21.2(a) and you have made any payment in advance for Products that have not been delivered to you, We will refund these amounts to you;
22.3 We may procure the cancellation of an Order at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 13 ; or
(b) you breach these Purchase Terms in any other material way and you do not correct or fix the situation within seven (7) days of Us asking you to in writing.
22.4 We will usually refund any money received from you using the same method originally used by you to pay for your Products.
23.1 If We fail, at any time to insist upon strict performance of any of your obligations under these Purchase Terms, or if We fail to exercise any of the rights or remedies to which We are entitled under these Purchase Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
23.2 A waiver by Us of any default will not constitute a waiver of any subsequent default.
23.3 No waiver by Us of any of these Purchase Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18 above.
If any court or competent authority decides that any of the provisions of these Purchase Terms are invalid, unlawful or unenforceable to any extent, the term will, to
that extent only, be severed from the remaining terms, which will continue to be valid
to the fullest extent permitted by law.
25 Entire agreement
25.1 These Purchase Terms and any document expressly referred to in them constitute
the whole agreement between you and Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement
between Us relating to the Site.
25.2 We each acknowledge that, in entering into Purchase Terms, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Purchase Terms or the documents referred to in them.
25.3 Each of us agrees that Our only liability in respect of those representations and warranties that are set out in these Purchase Terms (whether made innocently or negligently) will be for breach of contract.
25.4 Nothing in this clause 24 limits or excludes any liability for fraud.
26 Our right to vary these Purchase Terms
26.1 We have the right to revise and amend these Purchase Terms from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities.
26.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from a Third-party Provider, unless any change to those policies or these Purchase Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these Purchase Terms before We send you the Acceptance Confirmation (in which case We have the right to assume that you have accepted the change to the Purchase Terms, unless you notify Us to the contrary within seven working days of receipt by you of the Products).
27 Law and jurisdiction
These Purchase Terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
28 Third party rights
A person who is not party to these Purchase Terms shall not have any rights under or
in connection with them under the Contracts (Rights of Third Parties) Act 1999.