Terms and Conditions
TERMS OF SERVICE
OVERVIEW
This website is operated by AAPS BloomBiz (AAPS). Throughout the site, the terms “we”, “us”, “our” refer to AAPS. AAPS offers this website, including all information, tools and services available to you (the users), conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, 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 website, including without limitation users who are browsers, vendors, customers, merchants, and/or contribution of content.
Any new features or tools which are added to the current store shall also ne subject to the Terms of Service. 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 website is hosted on Shopify Inc. They provide us wit 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 tour state or province of residence, or that you are the age of majority in your state or province and you have given us your consent to allow any of your minor dependents to use our website.
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) transmission over various network; and (b) changes to conform and adapt to technical requirement 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
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.
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.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
In accordance with Customs regulations customers must provide valid and accurate data. Customers are solely responsible for the accuracy of data that they provide to AAPS. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, AAPS will not held responsible and will not offer any compensation in such cases.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
As the importer customers are responsible to comply with all laws and regulations in their own countries.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices and availability for our products are subject to change without notice. The prices do not include GST, import tax and duties, should your package become examined and deemed taxable by your local customs. Payment of these is the responsibility of the buyer.
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 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Exchange and Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We have made every effort to display as accurately as possible the colours and
images of our products that appear at the store. We cannot guarantee that your
computer monitor’s display of any colour will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Ordering
Given the popularity and/or supply constraints of some of our products, AAPS may have to limit the number of products available for purchase. AAPS reserves the right to change quantities available for purchase at any time, even after you place an order.
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
Order Cancelation
Customers can cancel their order at anytime prior to shipping; please contact our Support Center. However, once the order has been dispatched, the order cannot be cancelled, changed, or refunded. Upon receipt of the package, our Warranty and Returns policy comes into effect.
Shipping and Delivery
Shipping times displayed on AAPS refer to the estimated time it takes for packages to leave our hands. Since the actual delivery of your order can be impacted by many events beyond AAPS’s control once it leaves our facilities, we suggest that if customers have a special occasion or event that they wish to use their item for, such as a birthday, that they order their items well in advance. AAPS cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth shopping experience.
AAPS provides information via banners on our site and through newsletters to customers, that provide details of shipping delays due to the festive peak season, and encourages customers to order in advance. We can therefore not be held responsible if a customer does not receive their order in time for Christmas.
There may be occasions when AAPS confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product you ordered in a timely fashion, AAPS will contact customers and offer to cancel the order and refund the purchase cost in full.
Shipping and delivery times are calculated in working days from Monday to Friday. In the case of major holidays such as Christmas and the Chinese Lunar New Year, please allow extra delivery time. During those special occasions we will provide notices to reflect possible delays.
Customers are responsible for providing complete and accurate shipping addresses. AAPS cannot make changes to your shipping address once a package has been shipped, and AAPS is not liable for packages lost due to incomplete or inaccurate addresses.
AAPS cannot be held responsible for any package that does not make it through the local customs and is destroyed due to the item being illegal in the destination country. Customers are solely responsible for complying with their local laws. We can also not be held responsible for any import tax that may occur and it is the customers sole responsibility to pay this fee, if any. Kindly note that shipping insurance does not cover any customs issues, including but not limited to, goods being destroyed or confiscated due to their illegal status in any given destination country.
Should the buyer refuse the package due to import duties or taxes, the buyer takes full liability for all the costs involved in the process.
All orders reported as “delivered” by shipping companies are considered delivered. AAPS cannot be made liable of non-delivery in this case.
If a delivery fails for any reason and the address sent to was the correct address as provided by the customer, AAPS cannot be held liable if a package is returned.
Whatever the customer orders are what we ship. We cannot be held liable for the customer receiving the wrong item if they placed the wrong order.
All non-receipt of orders must be reported within 3 months from the date we ship the item to you, for Latin America this deadline is extended to 4 months for postal deliveries. This applies for flat rate shipping, priority mail and standard shipping methods. All expedited delivery issues must also be reported within 3 months from the shipment date. After this time frame we will no longer be able to investigate and no compensation will be offered. Please note that this policy does not apply to packages sent via expedited shipping methods that are shown as delivered on the shipping company’s tracking website.
Exchange and Returns
If when you receive your product(s), you are not completely satisfied you may return the items, within 30 days for refund. Returns will take approximately 5 working days for the process once the goods have arrived. The precise length depends on the payment provider used (e.g. PayPal, credit card company, etc). Items must be in their original packaging, all the original boxes must be intact and included, along with all packaging materials, manuals, blank warranty cards, plus all accessories and documents provided by the manufacturer.
You must first contact us and be in receipt of a return merchandise authorization (RMA) number before sending any item back. Any product returned without a RMA number will not be refunded.
The money back guarantee does not cover volume/wholesale and customized orders.
Return shipping fees are paid for by the customer. We are in general unable to refund you postal fees.
Any product returned found not to be defective can be refunded within the time stated above. Goods found to be tampered with by the customer will not be replaced but returned at the customer’s own expense.
By default, the refund amount cannot exceed the original order amount paid to AAPS. AAPS is not responsible for and has no knowledge about any bank fees or exchange rate charges that may occur. These fees are processed by the issuing bank and will not be refunded by AAPS.
AAPS and/or the seller will act in accordance with the warranty as provided by the platform when and only when damage is in connection with the products valid and confirmed manufacturing defects. AAPS and/or the seller will not be held liable for any damages resulting from customers improper use, personal negligence, and other reasons that do not attribute to product defects.
Incorrect/Damaged Goods
We try very hard to ensure that you receive your order in pristine condition. If you do not receive the products ordered, please contact us. In the unlikely event that the product arrives damaged or faulty, please contact us immediately.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 7 – 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 8 – COPYRIGHTS
All content included on the site such as text, graphics, logos, button, icons, images, audio clips, digital downloads and software are all owned by AAPS and are protected by international copyright laws.
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 9 – LICENSE AND SITE ACCESS
AAPS grants you a limited license to access and make personal use of this site. This license does not include any forms of commercial use of this site or its contents, any collection and use of any products, any collection and use of any product listings descriptions or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools. This site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any interest without express written consent from AAPS.
SECTION 10 – AAPS Marketing Correspondence
Following initial registration, customers are added to our mailing list featuring special deals, coupons and promotions. This allows our customers to take advantage of exclusive discounts. All customers can choose to unsubscribe from our marketing emails at any time by clicking on the link at the email footer.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall AAPS , our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages of any kind incurred as a result of the use of the service
or any content (or product) posted, transmitted, or otherwise made available
via the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless AAPS and our partners, officers, directors, agents, contractors, 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 13 – 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 14 – 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 15 – CHANGES TO TERMS OF SERVICE
You can
review the most current version of the Terms of Service at any time at 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 16 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at AAPS.BloomBiz@gmail.com.
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