TERMS & CONDITIONS

1. AGREEMENT

1.1 By browsing the Website, or placing an Order, you unconditionally and irrevocably agree to these Terms and Conditions as set out below.

1.2 These Terms and Conditions apply to you, the Website user and your usage of the blossomstudio.co.za Website and associated social media platform, software, networks and processes, including the purchase of goods or services through the Website.

2. DEFINITIONS

In this Agreement:

Agreement means the terms and conditions contained in this document, including any relevant terms of any order placed by you the User through the Website (if applicable).

Customer means the person named on a blossomstudio.co.za invoice or sales document.

Goods means the clothing items listed in an Order.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including rights of any kind in:

(a) inventions, discoveries and novel designs, whether or not registered or registrable as patents, innovation patents or designs, including developments or improvements of equipment, technology, processes, methods or techniques;

(b) literary works, dramatic works, musical works, artistic works, cinematograph films, television broadcasts, sound broadcasts, published editions of works and any other subject matter in which copyright (including future copyright and rights in the nature of or analogous to copyright) may, or may upon creation of the subject matter, subsist anywhere in the world;

(c) registered and unregistered trade marks and service marks, including goodwill in the business concerned in the relevant goods and/or services;

(d) trade, business or company names; and

(e) internet domain names, whether created or in existence before or after the Execution Date and includes any thing, whether tangible or intangible, which incorporates, embodies or is based on any of the things referred to in clauses (a) to (f) inclusive of this definition.

blossomstudio.co.za means the business operated by Bianca Bothma, a limited liability corporation registered in South Africa.

Material means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.

Pre-sale means Products that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.

Products means any items listed on the Website (for sale or otherwise). Website means the internet site located at the URL blossomstudio.co.za and operated by blossomstudio.co.za.

3. INTERPRETATION

In this Agreement:

(a) headings are for convenience only and do not affect interpretation;

(b) and unless the context indicates a contrary intention:

(c) person includes an individual, the estate of an individual, a corporation, a government authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;

1. d) a reference to a person includes that person’s executors, administrators, successors, and permitted assigns, including persons taking by way of novation;

(e) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;

(f) a reference to R is to the lawful currency of South Africa;

(g) a reference to a statute includes its delegated legislation and a reference to a Statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements;

(h) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;

(i) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(j) where the day on or by which any sum is payable or any act, matter or thing is to be done is a day other than a Business Day, that sum must be paid and that act, matter or thing must be done on the immediately succeeding Business Day; and

(k) includes in any form is not a word of limitation.

4. SITE USE

4.1 The Website may contain links to other web sites. Such links are provided for convenience only and may not remain current or be maintained. blossomstudio.co.za is not responsible for the content or privacy practices associated with linked web sites.

4.2 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.

4.3 You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. blossomstudio.co.za takes no responsibility for any such damage which may arise in connection with your use of the Website.

5. PRICING

5.1 All prices quoted on the Website are in South African Rand unless otherwise specified.

5.2 All prices displayed on the Website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

5.3 You agree to pay any additional duties and taxes that your country or state may wish to impose on your order based on the imputed or actual value of the Goods. You understand and acknowledge that these relevant duties and taxes may not be disclosed on the Order confirmation and are charges imposed by the relevant customs or quarantine government department of your country and not blossomstudio.co.za.

5.4 You agree to pay any relevant delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.

6. ORDERS

6.1 You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and clicking the ‘confirm’ button.

6.2 Orders will be deemed to have been received by blossomstudio.co.za at the time blossomstudio.co.za sends an Order confirmation to your nominated e-mail address.

6.3 blossomstudio.co.za will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4 Each Order (once confirmed) represents a separate agreement between blossomstudio.co.za and you.

6.5 blossomstudio.co.za reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.

6.6 blossomstudio.co.za, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.

6.7 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.

6.8 blossomstudio.co.za accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

7. PAYMENT

7.1 You may provide your nominated credit card during the purchase process described on the Website.

7.2 Payment on the Website may be made via a valid Credit Card.

7.3 Payment for Orders will be processed immediately upon confirmation of your Order.

7.4 If your nominated payment method triggers blossomstudio.co.za internal suspicious transaction protocols, blossomstudio.co.za may contact you to confirm additional details, or rescind the transaction.

8. DELIVERY AND OWNERSHIP OF THE GOODS

8.1 blossomstudio.co.za will use its reasonable endeavours to ensure that all Goods are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors beyond the control of blossomstudio.co.za may result in delays. blossomstudio.co.za is not liable for any loss or damage, whether direct, indirect or consequential, suffered by any one as a result of any such delays.

8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by blossomstudio.co.za and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order.

8.3 blossomstudio.co.za will not deliver Goods to PO box addresses.

8.4 Goods will be delivered by The Courier Guy courier service, and will take between 4 - 7  working days to deliver from the date of dispatch. 

8.5 You agree the Goods will deem to be delivered based on the shipping confirmation evidence determined from the tracking details provided by the relevant shipping company.

9. FAULTY OR DAMAGED PRODUCTS

9.1 blossomstudio.co.za will replace damaged, faulty or incorrect Products in accordance with these Terms and Conditions.

9.2 Where a Product is found to be damaged upon delivery or if a Product has been delivered that is different to the Product listed in the Order (Incorrect Product), and the customer notifies blossomstudio.co.za within the first 7 days after delivery, then blossomstudio.co.za will: (a) replace the damaged or Incorrect Product with a new replacement; or (b) if blossomstudio.co.za is unable to provide a new replacement Product, blossomstudio.co.za will refund the customer the purchase price. For the avoidance of doubt, the 7 Day period will commence on the date that the customer receives their Product. Where there is no proof of delivery, this date will be assumed to be 3 business from the date of dispatch of the Product. Where Goods are already damaged on delivery, blossomstudio.co.za requires photographic evidence before authorising return of the Goods.

9.3 blossomstudio.co.za reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this Clause 10.

9.4 blossomstudio.co.za may seek reimbursement of any costs incurred by it when the Product is found to not be damaged, faulty or incorrect.

10. REFUNDS AND RETURNS

10.1 blossomstudio.co.za will only accept the return of Products that have been supplied incorrectly by blossomstudio.co.za or which are deemed to be faulty.

10.2 The customer must comply with directions fromblossomstudio.co.za staff to facilitate a return.

10.3 Returned Products must be returned in their original undamaged packaging, and must be in a re-saleable condition.

10.4 It is the customer’s responsibility to ensure that returned items are returned safely. blossomstudio.co.za takes no responsibility for items lost in transit.

10.5 You acknowledge and agree that blossomstudio.co.za will not accept a return and will not refund your Order based on a change of mind.

11. INTELLECTUAL PROPERTY

11.1 All Intellectual Property in any Material on the Website is the property of blossomstudio.co.za.

11.2 Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.

11.3 Nothing contained in this Website is to be interpreted as a recommendation to use any information on this Website in a manner which infringes the Intellectual Property rights of any person, company or entity. We make no representations or warranties that your use of the information on this Website will not infringe such Intellectual Property rights.

12. OTHER WEBSITES

12.1 This Website may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this website without written permission.

13. DISCLAIMER

13.1 We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Website or to its availability, functionality or performance, except as otherwise provided under this Agreement or any applicable law.

13.2 We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this Website or the information that it contains.

13.3 The use of the information on this Website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.

13.4 You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, any information that you provide to us via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the anti-trust legislation.

14. VIRUSES

14.1 Given the nature of the internet, we cannot guarantee that this Website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Website will be uninterrupted, error free or that any defects will be corrected.

14.2 You assume the risk of any damage to your property as a result of using this Website, and to the maximum extent permitted by law; we disclaim all liability for any errors, omissions and faults.

14.3 You must take your own precautions to ensure that the process which you use for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

15. SECURE DATA

16.1 Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this Website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security.

16. COOKIES

16.1 We may use cookies to gather data in relation to this Website and you consent to us doing so (although you may be able to disable cookies on your web browser).

17. GENERAL

17.1 blossomstudio.co.za reserves the right to make changes to these Terms and Conditions without notice.

17.2 Any provision of these Terms and Conditions which is void or unenforceable may be severed without affecting the enforceability of other provisions.

17.3 A failure or delay by blossomstudio.co.za to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by blossomstudio.co.za does not preclude its future ability to exercise that or any other power or right.

17.4 To the extent permitted by law, in relation to its subject matter, these Terms and Conditions: (a) embody the entire understanding between you and blossomstudio.co.za, and constitutes the entire terms agreed between you and blossomstudio.co.za; and (b) supersede any prior written or other agreement between you and blossomstudio.co.za (if any).

18. MOBILE TERMS OF SERVICE

18.1 blossomstudio.co.za reserves the right to make changes to these Terms and Conditions without notice.

18.2 The blossomstudio.co.za mobile message service (the "Service") is operated by Bianca Bothma (“Bianca Bothma”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

18.3 By consenting to blossomstudio.co.za’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of blossomstudio.co.za through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

18.6 You may opt-out of the Service at any time. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other blossomstudio.co.za mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

18.7 For Service support or assistance, email info@blossomstudio.co.za.

18.8 We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

18.9 blossomstudio.co.za uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

18.10 The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

18.11 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

18.12 We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

18.13 We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us.

19.14 Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.

 

blossomstudio.co.za 

Payment Terms 

1. Paid Services

1. Even though the subscription to our Services is free, we reserve the right to add certain services from time to time which may require payment (“blossomstudio.co.za Paid Services”). For any paid service that you elect to use, the  following payment terms apply: 

2. Auto-renewable Recurring Billing 

2.1. If at any time a blossomstudio.co.za Paid Service becomes available and you decide to upgrade your subscription to include such blossomstudio.co.za Paid Service and nominate a current, valid, accepted method of payment (“Payment Method”), you authorize us to charge you the relevant fee disclosed and associated with that  LaurenSimpsonFitness.com Paid Service, and any other charges, fee or taxes you may incur in connection with your use of the blossomstudio.co.za Paid Services.  

2.2. You acknowledge that the amount billed each month may vary from month-to-month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or upgrading an account, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

2.3. By using blossomstudio.co.za Paid Services, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. We may  revoke your eligibility to use blossomstudio.co.za Paid Services at any time at our sole discretion. In order to  prevent financial loss to you or to us, we may contact your Payment Method issuer, law enforcement, or affected  third parties (including other users) and share details of any payments you are associated with, if we believe doing  so may prevent financial loss or a violation of law. We may cancel any transaction if we believe the transaction  violates these Terms or if we believe doing so may prevent financial loss. We may also cancel any electronic value  accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior. 

3. Price Changes 

3.1. We reserve the right to adjust pricing for a blossomstudio.co.za Paid Service or any components thereof in any  manner and at any time as we may deem appropriate in our sole and absolute discretion. Except as otherwise  expressly provided for in our Terms of Service, any price changes to your account will take effect following a  notice to you. 

4. Billing Cycle

4.1. Any fee for a specific blossomstudio.co.za Paid Service will be billed at the commencement of the billable service arising from your acceptance of such blossomstudio.co.za Paid Service, and in respect of any subscription-related blossomstudio.co.za Paid Service, the fee will recur each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your blossomstudio.co.za Paid Services. Subscription fees are fully earned upon payment.  We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method  has not successfully settled. In the event your blossomstudio.co.za Paid Services began at the close of a given month, we may bill your Payment Method on a day in the next month or such other day as we deem appropriate.  For example, if you started your blossomstudio.co.za subscription or initiated blossomstudio.co.za Paid Services  on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be  billed on that date. Your renewal date may change due to changes in your subscription. We may authorize  your Payment Method in anticipation of subscription or service-related charges. As used in these Payment Terms,  “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.  Unless otherwise stated differently, month or monthly refers to your billing cycle. 

5. Refunds

5.1. Payments are refundable, if it is determined that the product is faulty as received in original condition by the buyer. 

6. Payment Methods

6.1. When using a Payment Method, you represent that you are authorized to use that Payment Method.  You authorize us to charge the full amount to the Payment Method you designate for the transaction. You also  authorize us to collect and store Payment Method information along with other related transaction information.  You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link,  available at my profile. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise,  and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you  remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as  it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the  issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your  Payment Method service provider for details. 

6..2. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your blossomstudio.co.za Paid Services, or shortly thereafter. If you cancel a service or transaction before completion, this pre approval may result in those funds not otherwise being immediately available to you. If you fund a payment by debit card  and your load transaction results in an overdraft or other fee from your bank; you alone are responsible for that fee.