Terms of Service
OVERVIEW
The online store available at www.bloomgallery.store is operated by NOOI Agnieszka Świerczyńska, with its registered office located at ul. Arakowa 8a/3, 05-500 Zamienie, Poland/EU. The company is registered under VAT number PL5262783545. In this document, the company will be referred to as the “seller,” “we,” “us,” and “our.”
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCT DESCRIPTIONS AND LIMITATIONS
We strive to display the colors and images of our products as accurately as possible. However, we cannot guarantee that the color displayed on your monitor will be accurate.
We reserve the right to limit the sale of our products or services to any person, geographic region, or jurisdiction at our sole discretion. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer and to discontinue any product at any time. All product descriptions and pricing are subject to change without notice. Any offer for a product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, or information purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us. This may include limiting or canceling quantities purchased per person, household, or order, including orders placed with the same customer account, credit card, or shipping address. If we need to modify or cancel an order, we will make reasonable efforts to notify you using the contact information provided at the time of the order.
You agree to provide current, complete, and accurate information for all purchases made at our store. It is your responsibility to promptly update your account details, including your email address and payment information, to ensure we can process your transactions and contact you as necessary.
For more details on our return policy, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. We shall not be liable for any issues arising from or related to your use of these optional third-party tools.
Any use of optional tools provided through the site is at your own risk. You should review and agree to the terms set by the relevant third-party providers before using these tools.
We may also introduce new services and/or features through the website in the future, including new tools and resources. Such additions will be subject to these Terms of Service, and we will inform you of any significant changes.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS AND SUBMISSIONS
If, at our request or without a request from us, you submit specific materials (such as contest entries) or creative ideas, suggestions, proposals, plans, or other content (collectively, "Comments") via any medium (online, email, postal mail, etc.), you agree that we may, at any time, use, edit, copy, publish, distribute, translate, and otherwise utilize those Comments in any medium, without restriction. However, we are under no obligation to keep any Comments confidential, pay any compensation, or respond to any Comments.
We may, but are not obligated to, monitor, review, edit, or remove content that we, at our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality rights, or any other personal or proprietary rights. You further agree that your Comments will not contain defamatory, illegal, abusive, or obscene material, or include any computer viruses or malware that could affect the operation of our Service or related websites. You must not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of your Comments. You are solely responsible for the accuracy of any Comments you make. We accept no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 10 - PAYMENT METHODS
The seller provides the customer with the following payment methods. Electronic payments and payment by credit card through authorized services:
- PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
- Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland
SECTION 11 - NEWSLETTER
By subscribing to our newsletter, you agree to receive emails from us. The aim of our newsletter service is to keep our customers and visitors updated about new product releases, promotions, and other information related to our services. The subscription to our newsletter service is not mandatory. You can unsubscribe from the newsletter at any time by following the unsubscribe link provided in each newsletter.
SECTION 12 - PERSONAL INFORMATION
We are committed to protecting your personal data. For detailed information on how we collect, use, and safeguard your personal information, please refer to our Privacy Policy. This policy complies with the General Data Protection Regulation (GDPR) and outlines your rights regarding your personal data.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that our website or services will be uninterrupted, timely, secure, or error-free. The content and products provided through our website are offered "as is" and "as available" without any warranties of any kind, whether express or implied, except as required by applicable law.
While we strive to ensure the accuracy of information and images on our site, we do not warrant that all descriptions, colors, or other content are complete or error-free.
You agree that any use of our website and services is at your own risk. We are liable for defects in the products sold in accordance with Polish consumer protection laws, including but not limited to the provisions regarding warranty and product liability.
Our liability for any direct, indirect, incidental, or consequential damages is limited to the fullest extent permitted by law. This limitation does not affect your statutory rights as a consumer, including rights arising from product defects or other legal remedies available under Polish law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NOOI Agnieszka Świerczyńska and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service 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 site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - 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 Poland.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - FINAL PROVISIONS & CONTACT INFORMATION
-
All contracts formed by the seller are governed by Polish law and are conducted in English.
-
The key provisions of the Sales Agreement will be sent to you via email confirmation. The invoice for your purchase will be sent via email to the address provided in your order. Customers have the right to request a VAT invoice by providing the appropriate VAT number.
-
In case of any disputes arising from the Sales Agreement, both parties agree to first seek an amicable resolution. Polish law will be used to settle any disputes related to these Terms of Service.
Questions about the Terms of Service should be sent to us at hello@bloomgallery.store.
CONTACT INFORMATION For questions or concerns, please contact us at: NOOI Agnieszka Świerczyńska ul. Arakowa 8a/3, 05-500 Zamienie, Poland/EU Email: hello@bloomgallery.store.