Terms of Use
Terms of Access to the Website
The www.bloom.com.au web-site (referred to in these Terms of Access as the "Website") is owned and op-erated by Bloom Fabrics Pty Ltd (“Bloom”).
The material on the Website is copyright ©2008 of Bloom and/or other copyright owners.
The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to these terms and conditions.
Use of material on the Website
1. Except as specifically offered by Bloom from time to time on the Website, you may not use the Website, or the material contained on it, for the following purposes:
1.1. the reproduction of the material in any material form;
1.2. the distribution of the material in any material form;
1.3. re-transmission of the material by any medium of communication;
1.4. uploading and/or reposting the material to any other site on the WWW; or
1.5. "framing" the material on the Website with other material on any other WWW site.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
2. You may not modify or copy:
2.1. the layout of the Website; or
2.2. any computer software and code contained in the Website.
3. Bloom reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it.
4. The material provided on the Website may not be:
4.1. re-sold and/or re-distributed in any material form;
4.2. stored in any storage media; or
4.3. re-transmitted in any media,
without the prior written consent of Bloom.
Links to other websites
5. The Website contains links to sites on the WWW, owned and operated by third parties and which are not under the control of Bloom.
6. In relation to the other sites on the WWW, which are linked to the Website, Bloom:
6.1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Bloom of the linked site; and
6.2. is not responsible for the material contained on those linked sites.
Disclaimer
7. Bloom does not warrant guarantee or make any representation that:
7.1. the Website, or the server that makes the site available on the WWW are free of software viruses;
7.2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
7.3. errors and defects in the Website will be corrected.
8. Bloom is not liable to you for:
8.1. errors or omissions in the Website, or linked sites on the WWW; or
8.2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites,whether caused through negligence of Bloom, its employees or independent contractors, or through any other cause.
9. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Web-site.
Termination of access
10. Bloom may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Bloom has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
Alteration of Terms of Access
11. Bloom reserves the right to change these Terms of Access without:
11.1. further notice to you; and
11.2. giving you any explanation or justification for such change.
Relevant jurisdiction
12. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
13. These Terms of Access will be governed by and interpreted in accordance with the law of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws.
14. You agree to the jurisdiction of the courts of the State of Victoria, Australia, to determine any dispute arising out of these Terms of Access.
Indemnity
15. You will at all times indemnify and keep indemnified Bloom and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by Bloom arising from any claim, demand, suit, action or proceeding by any person against Bloom where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
1 February 2008
Bloom Standard Terms and Conditions of Sale
Payment
1. All goods sold by Bloom Fabrics Pty Ltd (“Bloom”) are quoted and charged for in Australian Dollars.
2. In the event that a cheque is dishonoured, Bloom reserves the right to:
a. pass on all bank charges incurred by Bloom to the Buyer; and
b. charge the Buyer an administration fee.
3. The Buyer must pay all and any taxes, duties, levies, imports, use or excises in respect of the goods ordered by the Buyer.
4. Bloom may charge interest on accounts which are unpaid for 30 days, at the penalty interest rate plus 2%, as fixed by the Attorney-General from time in accordance to the Penalty Interest Rates Act (Vic)1983.
5. The Buyer shall be responsible for payment for all goods purchased on the Buyer's order or by any person(s) in the Buyer's employ or agent acting on behalf of the Buyer.
6. Bloom reserves the right to charge a deposit for an order, or require full payment for an order prior to delivery of any goods.
Passing of title
7.a. Title of the goods shall not pass to the Buyer until:
i. Payment in full for the goods has been received by Bloom and there are no amounts owing by the Buyer to Bloom; or
ii. The goods are sold bona fide and delivered by the Buyer to a third party.
b. If the Buyer fails to make payments to Bloom in accordance with the terms of this Agreement, Bloom may take possession of any goods which are its property and the Buyer irrevocably authorises Bloom, its officers, servants or agents, to enter the Buyer’s premises or any premises occupied by the Buyer where the goods are located, to repossess the goods. Bloom is not liable for any damage or injury caused to premises in removing and retaking the goods under this clause and the Buyer hereby indemnifies Bloom against any claim made by a third party in respect of any such damage.
Returns, exchanges and claims
8. The Buyer agrees to inspect the goods prior to the Buyer cutting them. No claims will be recognised after the goods are cut, sewn, washed, or worn in respect of any defect which the Buyer was aware of, or ought to have become aware of, upon inspection of the goods.
9. Many of Bloom’s Fabrics and Laces are hand made and/or have hand made details on them. Occasionally, there may appear to be minor defects or faults. Where possible, these will be looked for and pointed out prior to purchase. By making a purchase, however, you represent to Bloom that you understand and accept the nature of the goods.
10. All goods are checked for legitimate lines, colour variation, marks, defects or faults before they leave the store. If extra fabric is allowed for this, you will be notified of this.
11. At Bloom, it is important to us that you are satisfied with your purchase. However, we will not exchange or accept returns or provide a refund if a Buyer:
a. simply changes their mind after buying the goods;
b. a function or event where the fabric was to be worn has been cancelled or changed;
c. has discovered they can buy the goods cheaper or on better terms somewhere else;
d. the goods are unsuitable for the type of garment the buyer intends to make;
e. has made the garment and worn it;
f. knew about a particular fault or damage before buying the goods; or
g. damaged the goods.
12. Bloom may offer an exchange or credit note if:
a. goods are faulty through no fault of the Buyer;
b. goods are unfit for their purpose—which means they will not do what the Buyer reasonably expected them to do;
c. goods do not match (outside a 5% allowance) our description or sample; or
d. goods have defects that were not obvious or were not brought to your attention at time of purchase.
13. To claim a refund, exchange or credit note, a Buyer must:
a. provide sufficient details of how the goods are defective;
b. seek approval from Bloom via email, phone or fax and make the goods available for inspection by Bloom within 14 days of purchase;
c. not dispose of, damage, lose or destroy the goods; and
d. provide a copy of the receipt or proof of purchase.
Cleaning
14. The Buyer will immediately waive any right to make a claim against Bloom in the event that the goods are treated in any way contrary to any instructions, including cleaning instructions, contained on this web-site or otherwise provided to you by Bloom.
Delivery
15. For Australia we aim to dispatch within 5 working days following the date your order is paid.
Once dispatched, deliveries to major cities in Australia can usually be overnight if parcel is less than 5kg. If parcel is over 5kg it will be delivered by Road Express (select Standard Delivery) from 1 – 7 days depending on location. If you want a faster service for parcels over 5kg you can select the Express Delivery service and pay a higher delivery rate.
For International orders, delivery is usually 2-10 working days from dispatch depending on location.
Click here for shipping details
Limitation of liability
16 Limitation of Liability
a. Bloom excludes all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any law or make any part of this clause void (‘Non- excludable Condition’).
b. Bloom’s liability to the Buyer for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at Bloom’s option, to:
i. refunding the price of the goods or services in respect of which the breach occurred; or
ii. providing, replacing or repairing those goods; or
iii. providing those services again (except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, in respect of which the Bloom’s liability is not limited under this Agreement).
c. This Clause does not exclude or limit the application of any provision of any statute (including the Trade Practices Act (C’th) 1974 where to do so would:
i. contravene that statute; or
ii. cause any part of this clause to be void.
Intellectual property
17 If any person claims that the fulfilment of an order by Bloom infringes any trade mark, copyright, design rights or other intellectual property rights, the Buyer shall indemnify Bloom and its directors, officers and agents against that claim and against any costs incurred in dealing with it, including but not limited to legal costs on a solicitor-and-own-client basis.
18 The Buyer acknowledges that Bloom and other third parties own all intellectual property in the fabric designs and colours introduced by Bloom to the Buyer and undertakes not to infringe Bloom’s or any third party’s intellectual property rights. The Buyer shall be obliged to account to Bloom in respect of any profits made by it from the infringing activity.
Governing law
19 The laws of the State of Victoria, Australia, shall apply to this contract. An order is accepted by Bloom at the place and time of dispatch of the goods ordered.
The following information is provided in respect of website purchases
Delivery times
20 For Australia we deliver 5 days a week - Monday to Friday. We aim to deliver within 3 working days following the date your order is placed. If you are not in when our freight companies try to deliver they will leave your parcel in an appropriate place or leave you a note about where you can pick up your parcel.
21 For International, we aim to deliver within 10 working days following the date your order is placed.
Tracking your order
22 Haven’t received your order? Email us at info@bloom.com.au with the date your order was placed, your reference number for each order, your full name, billing address and phone number. We will check your order status and send you an update. Alternatively, you can call Buyer Services by telephone on +61 3 9388 0900 and they will update you on the status of your order between 9am and 6pm Melbourne, Australia time Monday to Friday. +61 3 9388 0900.
Credit card payment
23 We accept Visa, MasterCard and American Express cards.
Your credit card will be charged once the goods are ready for dispatch to the delivery address. We will email you to confirm dispatch.
Further credit charge information for overseas buyers
24 The actual price charged to overseas Buyers will be subject to the exchange rate applied by the Buyer's credit or debit Card Company. Buyers outside Australia may also be liable for any import duty, VAT, customs clearance, quotas, permits, product restrictions and other local requirements applicable in your country of residence. You are advised to check the latest applicable local requirements in your country before placing an order.
Credit Card/Debit Card validation
25 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately at the check-out stage.
In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud. At all times where we disclose your information it will remain secure. If you believe your details are incorrect you may correct those details by following the procedure set out in our privacy policy. View the privacy policy.
(ADD INFO FROM CREDIT CARD SECURITY COMPANY)
GST
26 All prices stated on Bloom’s Website are inclusive of GST (Australian Goods and Services Tax).
27 Goods and Services Tax (10%) is only applicable within Australia. Therefore, if you purchase goods for delivery outside Australia, the goods you purchase will be one eleventh less than the listed prices.
Product information
28 We try to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
29 Although we make every effort to ensure they are as accurate as possible, all widths and measurements are approximate.
30 Prices stated on the Website are subject to change without notice.
31 Goods are subject to availability. As there is a delay between the time when an order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items.
32 We continually update our online store. From time to time our Melbourne retail store may run special local promotions (which may not be available on our Website) or we may offer special discounts online that are not available in the retail stores.
Ordering of products on the web
33 When you place an order on our Website we shall email you an acknowledgement.
34 Once you have checked out and your order has been confirmed you will not be able to make any changes to your order so please make sure that everything is correct before clicking the confirm button.
35 If there are any problems with your order we shall contact you.
VIP buyer
36 Bloom VIP Buyer Codes will also be acknowledged on dispatch of the order and points will be applied as per our VIP Buyer Terms and Conditions.
Bloom Fabrics Pty Ltd
ABN: 61351842790
Registered address:
10 Lygon Street
Brunswick East Victoria 3057
Australia
PO Box 313
Brunswick East Victoria 3057
Australia
Phone: +61393880900
Fax: +61393880522
Email: info@bloom.com.au