1. CONSENT TO TERMS AND CONDITIONS: PLEASE CAREFULLY READ THE TERMS FOR ORDERING GOODS THROUGH THIS SITE. BY ORDERING ANY GOODS THROUGH THIS WEBSITE, YOU CERTIFY THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
2. REVISION TO TERMS AND CONDITIONS. The terms and conditions contained herein supersede and replace all prior terms, conditions or quotations exchanged by the parties. Any additional terms already or hereafter proposed by you are objected to by BlueFlower, LLC, a Maryland limited liability company (“BlueFlower”) without need of further notice or objection, and will not be binding upon BlueFlower unless specifically agreed to in writing signed by BlueFlower. BlueFlower reserves the right to make changes to the terms and conditions at any time, provided, however, that no change shall affect the terms and conditions that were reported on this website (the “Website”) at the time a customer orders products hereunder.
4. RETURNS AND CUSTOMER SERVICE. You may return any product ordered from BlueFlower by first contacting our customer service center.
A. Defective Products. All of BlueFlower’s products are guaranteed against defects for fourteen (14) days from the date that the product is delivered to you. A product can only be defective if (1) with respect to aromas, oils and other blends, the product does not contain the ingredients listed in the product descriptions/packaging or on this Website or (2) with respect to accessories and other product, the product fails to perform its intended purpose, e.g., a water bottle has a leak. BlueFlower will pay the return shipping cost of any products that are defective and are returned to us. If the product is not actually defective it will be treated as a return of a non-defective product and your credit card will be charged for the cost of such shipping and any other costs permitted for the return of non-defective products as provided for below. If part of a product becomes defective, the full product must be returned for credit or replacement. If you follow these instructions and the procedures set forth below, we will issue you a full refund or offer you a replacement product – your choice.
B. Non-Defective Products. All items may be returned without any hassles within fourteen (14) days from the date that the product is delivered to you. All you have to do is contact our customer service center within the fourteen-(14) day time period and follow the return procedures set forth below. The only requirement is that you pay the shipping on the return of any non-defective product and the product must not be damaged in any manner, including in transit, when it is received by BlueFlower. In the event that you are returning a non-defective product that has been opened, you will be charged a 15% restocking fee. If you follow these instructions, we will issue you a full refund or offer you a replacement product. Please allow two to four weeks for refunds to be processed.
C. Return Procedure. If you have a problem with any product purchased from BlueFlower, please contact us by electronic mail. BlueFlower must authorize any returns and we will provide you with a return authorization number (“RAN”) for each product that you are returning. Products returned without a RAN will not be accepted for return and all returns must be received by us within ten business days of the date that we issue a RAN. You also need to include in any return the original packaging and any warranty cars, manuals and accessories. There will be a $30 re-packaging fee for any product not returned in the original packaging. We will advise you where to return the product when you contact us.
5. ORDERING AND PAYMENT. BlueFlower reserves the right to limit quantities of products. BlueFlower also reserves the right to eliminate products from our Website, cancel orders or prohibit access to certain products at any time.
BlueFlower accepts the credit cards offered on the website at checkout. You can also pay by PayPal, if offered at checkout. We will process the credit card and validate credit prior to accepting an order before you even leave our Website! The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. BlueFlower reserves the right, without prior notification, to cancel the purchase and shipment of any products ordered hereunder in the event that at any time after processing your order BlueFlower learns of an event that adversely affects your credit. In such event, BlueFlower will also be entitled to cancel any other outstanding orders and will be paid a $25 cancellation charge. BlueFlower also reserves the right to cancel any order in the event that a product will be unavailable for shipment within a reasonable period of time. BlueFlower will contact you via electronic mail if it has any problem meeting the targeted date of shipment as provided for below in Section 8 or if it has to cancel your order for any reason.
6. PRICES. The prices for any products offered through this website may change without any notice to you. The prices applicable to your purchase will be the price reported on the website on the date that BlueFlower processes your order at “checkout.” Notwithstanding the foregoing, however, in the event that a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, BlueFlower shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, regardless of whether or not the order already has been charged for purchase and your credit card charged or payment otherwise made. If your card has already been charged for the purchase and your order is canceled, BlueFlower shall immediately issue a credit to your credit card account or otherwise issue you a refund in the amount of the incorrect price.
7. TAXES. Any sales and use taxes due on the sale will be calculated as part of your order at checkout. Any sales, export or other fees or taxes required to be collected by BlueFlower shall be in addition to the price for such products as reflected on this Website and shall be reflected as an additional line item on the invoice completed at the “checkout” webpage. Each customer shall be solely responsible for paying and remitting any applicable use or other taxes on orders shipped to other states.
8. SHIPPING. All shipments are made F.O.B. destination, meaning that you do not take title to the products until you receive the products! The cost of shipping and handling is in addition to the price of the product and shall be reflected as an additional line item on the invoice completed at the “checkout” webpage. BlueFlower has to charge you a $25 for any shipment that is refused, and due to shipper and other restrictions, BlueFlower cannot deliver to P.O. Boxes or outside the United States.
Our goal is to have products shipped within three days of the first business day following the date that your order is processed and payment is arranged with validated funds as provided for above in Section 5, except for the order of certain products that will naturally take longer (you will be notified of the same at “checkout”).
9. DELAY/NON-PERFORMANCE. BlueFlower is not liable for delays in performance, including delivery, or for failures to perform, including failure to deliver, due to (a) any causes beyond BlueFlower’s reasonable control, including BlueFlower’s inability to obtain necessary materials, components, products, services or facilities, (b) termination of any agreement to supply products with supplier or manufacturer or (c) Acts of God, acts of a customer, acts of civil or military authorities, governmental regulations or priorities, strikes or other labor disturbances, fires, riots, wars, or natural disasters, including epidemics, droughts, floods or transportation interruptions. BlueFlower will promptly notify you of any material delay and will work with you to make alternate arrangements, including shipment of an alternate product, shipment of the ordered product but on an extended shipping schedule or cancellation of the order.
10. TERMINATION OF ORDERS. Orders accepted by BlueFlower cannot be countermanded or shipments deferred except with consent of BlueFlower and the pre-payment of any fees and costs incurred by BlueFlower in canceling the order.
11. WARRANTIES/DISCLAIMERS. EXCEPT THE WARRANTY AGAINST DEFECTIVE PRODUCTS FOR FOURTEEN DAYS AS PROVIDED FOR ABOVE IN SECTION 4.A., BLUEFLOWER AND ITS AGENTS, OFFICERS, MANAGERS AND EMPLOYEES (“AFFILIATES”) MAKE NO WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GOODS SOLD THROUGH THIS WEBSITE. IN THE CASE OF THE SALE OF CONSUMER PRODUCTS TO CONSUMERS, TO THE EXTENT THAT ANY IMPLIED WARRANTIES ARE REQUIRED UNDER MARYLAND LAW THE DURATION OF ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED TO THIRTY DAYS. EXCEPT AS PROVIDED FOR HEREIN, BLUFLOWER AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF BLUEFLOWER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, INCLUDING WITH THE PERMISSIBLE LIMITATIONS SET FORTH IN SECTION 12 BELOW.
12. LIMITATION OF LIABILITY.
A. BLUEFLOWER AND ITS AFFILIATES WILL NOT UNDER ANY CIRCUMSTANCES, WHETHER AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR OTHERWISE, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES, HOWEVER CAUSED, ARISING OUT OF THE USE OF OR INABILITY TO USE BLUEFLOWER’S PRODUCTS OR SERVICES, EVEN IF BLUEFLOWER OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. It is YOUR sole responsibility to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner. BlueFlower shall not be held responsible for any damages or side effects that occur due to an allergic reaction OR ANY UNDESIRED SIDE EFFECT or other unforseen occurrence as a result of using blueFlower products.
C. BLUEFLOWER’S AND ITS AFFILIATE’S LIABILITY ON ANY CLAIM OF ANY KIND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OR DAMAGE ARISING OUT THE SALE OF PRODUCTS HEREUNDER SHALL NOT EXCEED THE PRICE OF THE SPECIFIC PRODUCT WHICH GIVES RISE TO THE CLAIM, AND NO CLAIM MAY BE BROUGHT AGAINST BLUEFLOWER OR ITS AFFILIATES MORE THAN ONE YEAR AFTER ANY CAUSE OF ACTION ACCRUES. BUYER’S EXCLUSIVE REMEDY AND BLUEFLOWER’S AND ITS AFFILIATES’S ENTIRE LIABILITY UNDER THESE TERMS WILL BE THE REMEDY PROVIDED FOR ABOVE IN SECTION 4.
13. SPECIFIC DISCLAIMER FOR AROMATHERAPY & ESSENTIAL OILS. All the information, website content and product descriptions/packaging contained within this Website are for reference purposes only and are not intended to substitute for advice from a licensed health care professional. You should not use any of such information, website content and product descriptions/packaging for the purpose of self-diagnosis or for treating a health problem or disease. said information, website content and product descriptions/packaging have not been evaluated by the FDA and are not intended to diagnose, treat, cure or prevent any health condition or disease. If you are experiencing medical issues, you should contact your medical health care provider.
14. INDEPENDENT ENFORCEABILITY. The invalidity or unenforceability of any provision (or portion thereof) contained in these terms and conditions shall in no way affect the validity or enforceability of any other provision (or portion thereof), each provision being independent of the others and severally enforceable, and the parties hereto agree that the covenants and agreements contained in these terms and conditions shall survive the termination of these terms and conditions.
15. LAW. This contract shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. This contract shall be interpreted and governed by the laws of the United States and the State of Maryland. In the event a court of competent jurisdiction determines that the internal or domestic laws of the State of Maryland cannot be applied, then the domestic or internal laws of another state located in the United States which bears a reasonable relationship to the transaction shall apply.
16. FORUM. The terms and conditions of this contract shall be adjudicated in the United States in a court in Montgomery County, Maryland, unless BlueFlower in its sole and absolute discretion chooses to adjudicate this contract in a United States Federal District Court located in the State of Maryland.