Terms and Conditions
Hello and welcome to Bloom & Grove’s Terms and Conditions. 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, our and Privacy Policy. These Terms and Conditions apply to all users of our website site, including users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Definitions
You/Customer: the person with whom Bloom & Grove has entered into an agreement.
Parties: Bloom & Grove and You/Customer together.
Bloom & Grove: Throughout the site, the terms “we”, “us”’ and “our” refer to Bloom & Grove.
In these Terms and Conditions “Writing” or “Written” also includes emails.
Terms & Conditions
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. 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 and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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 Squarespace, Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
These Terms and Conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by Bloom & Grove.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
About Bloom & Grove and how to contact us
Bloom & Grove Ltd is a company registered in the Netherlands. Our company registration number is KVK 85568600 and the VAT number is 863668707B01. Our office is Kleverparkweg 72rd, Haarlem, Netherlands, 2023CH.
You can contact us by telephone +31 (0) 627393271 or by writing to us at info@bloomandgrove.com
If needed we will contact you by phone, or in writing using the email or postal address you provided to us.
Acceptance of orders
Products shown on our website are part of Bloom & Grove’s collection. Products can be viewed on our website www.bloomandgrove.com.
Our acceptance of your order will take place and a contract will come into existence for the purchase of a product by us sending you an email to confirm our acceptance of your order.
The majority of our products are made to order, lead times can vary depending on the piece. We will confirm lead times by phone or in writing. You can always call to determine lead times before placing your purchase.
You can place a bespoke order by using the contact us form on our website or by email at info@bloomandgrove.com. Bespoke products are produced to your specification in consultation with us. We will confirm acceptance of a bespoke order in person by countersigning an order form or sending an email confirming our acceptance including the specifications, measurements, or designs. This will finalise the contract and terms agreed. If we confirm your order by email it may be an iterative process and only when you receive an email accepting your order will the contact come into existence.
If we cannot accept your order we will inform you as soon as possible by phone or in writing. You will not be charged for the product. This may occur due to an unexpected limit of resources or raw materials, which we were unable to foresee. If the design you provide infringes intellectual property rights, the design is not achievable and you do not agree to the adaptations proposed by us. Because we identified an error in the price or description of the product or because we are unable to meet a specific deadline for delivery.
Offers and quotations
Offers and quotations from Bloom & Grove are without engagement unless expressly stated otherwise.
An offer or quotation is valid for a maximum period of 1 month from its date unless another acceptance period is stated in the offer or quotation.
If you do not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
Offers and quotations do not apply to repeated orders unless the parties have agreed upon this explicitly and in writing.
Our products
All our products are made by hand at our home/workshop in the Netherlands. The wood we use is sustainably sourced.
The products may vary slightly from the photographs on our website. The images are for illustration purposes only. While we use reasonable efforts to ensure our products are represented accurately, as all of our products are handmade there will be slight variations from product to product. There may be small anomalies in size; dimensions, measurements, capacity, weight, materials, and colour indicated on our website, emails, or printed materials.
When commissioning a bespoke product please ensure your measurements are accurate. You are responsible to ensure the measurements, sketches, and designs you give to us.
We have no liability for errors that were caused by the inaccuracies of the information provided.
If you supply any designs or drawings or other contributions to bespoke products, you grant us a royalty-free licence to any intellectual property rights that may exist in the contribution. As the contribution will be integrated into one of our products we require to know that the designs are original and will not breach the rights of any third party. You will be responsible for any expenses, loss, or damages if any contribution breaches the intellectual property rights of another person or company.
We make any bespoke products to the information you provide and anticipate they meet your expectations. If there is dissatisfaction with the bespoke product that arises directly or indirectly from your choice of any specification, design, material, fabric, or any other requirement we will not be held liable.
If you have received a sample or model of a product, you can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
We use premium graded wood to create our products. As wood is a natural product it will vary by grain, colour and knots. We cannot accept returns baised on natural variations. Wood is an active material and will expand and contact depending on moisture, temperature and humidity. We cannot accept returns for climatic differences. Should movement occur in the wood you may need to address the environmental aspects of temperature and moisture that will usually rectify any issues. If you encounter any issues please contact us, so we can advise on the best course of action.
7. Price and Payment Terms
All prices used by Bloom & Grove are in euros (which includes VAT) this will be the price indicated on the website or communicated to you via email when you place your order and are exclusive of other costs such as administration costs, travel, delivery or transport expenses unless expressly stated or agreed otherwise.
It is a condition of this agreement that you shall pay for the products at the time of placing your order from our website unless otherwise agreed.
Bloom & Grove is entitled to adjust all prices of its products or services, on its website or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which Bloom & Grove could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase (See Clause 14) unless the increase is the result of statutory regulation.
When the price of a product on our website is obviously incorrect (for example due to a technical error or a nominal price is advertised) we reserve the right to reject your order.
We accept payment via bank transfer (NL49 ABNA 0108860450) and accept most major credit cards and debit cards.
When you place an order you will be sent a confirmation by email. It is your responsibility to make sure all the information is correct. If there are any errors in the details you provided in the order process you will be accountable. If you see any errors in the order confirmation please contact us quickly and let us know by email at info@bloomandgrove.com or via telephone +31 (0) 627393271.
Bloom & Grove may, at the outcome of the agreement, require a deposit of up to 50% of the agreed amount.
The customer must have paid the full amount within 7 days after delivery of the product.
If the customer has not paid the agreed amount at the end of the last day of the payment term, he is legally in default. Bloom & Grove will not be responsible for sending a reminder.
8. Changes
Once we have accepted your order for a bespoke product you will not be able to make any changes. If unfortunately you made a mistake and we haven’t started the piece we will try to accommodate the changes. If it is possible we will inform you of any changes to the price or delays to the timelines that may occur due to the change requested. We will ask for your confirmation before proceeding with the piece.
If the work on your order has already commenced and we are unable to accommodate the requested changes or the outcome of making the changes are unacceptable to you. You may want to choose to end your contract. (See Clause 11)
On occasion, we may need to change the product due to unavoidable technical reasons, for example, due to the unavailability of a material. The change will not affect the use of your product and we will always strive to minimise the impact of such a change. Such changes do not give you the right to refuse any product or cancel the contract.
9. Price and payment terms
All prices used by Bloom & Grove are in euros (which includes VAT) this will be the price indicated on the website or communicated to you via email when you place your order and are exclusive of other costs such as administration costs, travel, delivery or transport expenses unless expressly stated or agreed otherwise.
It is a condition of this agreement that you shall pay for the products at the time of placing your order from our website unless otherwise agreed.
Bloom & Grove is entitled to adjust all prices of its products or services, on its website or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which Bloom & Grove could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
You have the right to terminate an agreement as a result of a price increase (See Clause 11) unless the increase is the result of statutory regulation.
When the price of a product on our website is obviously incorrect (for example due to a technical error or a nominal price is advertised) we reserve the right to reject your order.
We accept payment via bank transfer (NL49 ABNA 0108860450) and accept most major credit cards and debit cards.
When you place an order you will be sent a confirmation by email. It is your responsibility to make sure all the information is correct. If there are any errors in the details you provided in the order process you will be accountable. If you see any errors in the order confirmation please contact us quickly and let us know by email at info@bloomandgrove.com or via telephone +31 (0) 627393271.
Bloom & Grove may, at the outcome of the agreement, require a deposit of up to 50% of the agreed amount.
You must have paid the full amount within 7 days after delivery of the product.
If you have not paid the agreed amount at the end of the last day of the payment term, you are legally in default. Bloom & Grove will not be responsible for sending a reminder.
10. Consequences of late payment
Extrajudicial collection costs and compensation to Bloom & Grove, may be charged for late payment.
The collection costs are calculated on the basis of the reimbursement for extrajudicial collection costs.
If you do not pay on time, Bloom & Grove may suspend its obligations until you have met your payment obligation.
In the event of liquidation, bankruptcy, attachment, or suspension of payment, the claims of Bloom & Grove are immediately due and payable by you.
11. Right of recovery and retention
As soon as you are in default, Bloom & Grove is entitled to invoke the right of recovery with regard to the unpaid products delivered to you.
Bloom & Grove invokes the right of recovery by means of a written announcement.
As soon as you have been informed of the claimed right of recovery, you must immediately return the products concerned to Bloom & Grove, unless the parties agree to make other arrangements about this.
You will be responsible for the costs for the collection or return of the products.
Bloom & Grove can appeal to their right of retention of title and in that case retain the products sold by Bloom & Grove until all outstanding invoices are paid unless you have provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which you still owe payments to Bloom & Grove.
Bloom & Grove is never liable for any damage that you may suffer as a result of using their right of retention of title.
12. Returns/ Right of cancellation
For products bought from our website, you have a legal right to change your mind within the cooling-off period of 14 days to receive a refund. Proving that:
The product has not been used
The product is not a bespoke product, manufactured to your specifications
The product is not specifically made to order
The reflection period of 14 days commences on the first day you received the product.
If you want to return a product please notify Bloom and Grove via info@bloomandgrove.com
You are obliged to return the product to Bloom & Grove within 14 days, from the day you received the product, after which period your right of cancellation will lapse.
If you request a refund we will reimburse the amount you paid for the goods, excluding the original delivery cost.
The costs for the returns are not covered by Bloom & Grove.
Products should be returned to Bloom & Grove in their original packaging, and in good order. If the product is used or damaged we will not be able to process the refund.
You may also be entitled to end the contract if:
We have informed you about an important change to the product which you do not agree with (See Clause 7)
We have informed you of an error in the product details or price of the product you have ordered and you no longer wish to proceed
We have informed you of significant delays that are outside of our control (except for bespoke products)
We have to suspend the supply of a product for technical reasons, for a period of more than 30 days
You do not have a right to change your mind in respect of any bespoke product, as the products have been manufactured to the specifications chosen by you.
13. Exchange
For products bought from our website, you can exchange a purchase on presentation of a receipt/invoice upto 14 days. Proving that:
The product has not been used
The product is not a bespoke product, manufactured to your specifications
The product is not specifically made to order
If you want to exchange a product please notify Bloom and Grove via info@bloomandgrove.com
You are obliged to return the product for exchange to Bloom & Grove within 14 days, from the day you received the product, after which period your right of exchange will lapse.
The costs for the returns are not covered by Bloom & Grove.
Products should be returned to Bloom & Grove in their original packaging, and in good order. If the product is used or damaged we will not be able to process the exchange.
14. How to end the contract
Clause 10, only applies for products that are not bespoke, specially made to order or adapted to your specifications.
You can notify of your cancellation via info@bloomandgrove.com
You are obliged to return the product to Bloom & Grove within 14 days, from the day you received the product, after which period your right of cancellation will lapse.
The costs for the returns are not covered by Bloom & Grove.
If you request a refund we will reimburse the amount you paid for the goods, excluding the original delivery cost.
The costs for the returns are not covered by Bloom & Grove.
Products should be returned to Bloom & Grove in their original packaging, and in good order. If the product is used or damaged we will not be able to process the refund.
15. Our rights to end the contract
We may end the contract with you if:
You fail to pay on time
You do not provide sufficient information, for example, specifications for a bespoke product
You fail to collect or arrange delivery of the product
16. Delivery
We currently deliver to Mainland Europe. We will provide you with a delivery quotation when you place your order on our website, or via email as part of the quotation. Delivery charges are calculated by the size, weight, and delivery destination. If you encounter issues with the delivery information you can email us at info@bloomandgrove.com.
Please note that any import costs, for customs clearance, duties or taxes will need to be settled by the person receiving the delivery of the product.
There are three ways we can arrange the consignment of your product:
UPS or another delivery provider, usually for smaller items
Courier service, for large and heavy items
Collection from our workshop
Our products are made by hand in our workshop when we received your order, therefore delivery times can vary depending on what you have ordered. We estimate a turnaround time of four to six weeks for your product to be made, however, this may be shorter or longer depending on the size and complexity of the product you have ordered.
Once your product has been made. We will contact you to let you know your product is on its way. For large or heavy products we will contact you to arrange the courier service or collection of your product.
Before you purchase a product please check it fits in your space. This includes checking it will fit through your doorways, halls, etc. If a product cannot be delivered it will be returned to Bloom & Grove and a delivery charge will be applied depending on the size and delicate nature of the product. Failed or canceled deliveries will also incur a change.
We will ensure your product is packaged with the same care it was made with. If the package of a delivered product is opened or damaged, you must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of this Bloom & Grove may not be held liable for any damage.
If you take care of the transport of a product, you must report any visible damage to products or the packaging prior to the transport from Bloom & Grove, failing which Bloom & Grove cannot be held liable for any damage.
Until all delivery costs are paid we cannot dispatch the products.
For bespoke products, we will notify you of the estimated delivery date when we start making or customising the product. Due to the nature of the bespoke work the estimation date acts as a guide and is not a reference for the agreement. If you need your bespoke product for a specific date we will need to know when we accept the order to understand if we can commit to this expectation.
We are not responsible for delays outside of our control. If a product is delayed due to circumstances outside our control we will contact you to inform you. We will do what we can to minimise the delay. We will not be liable for delays caused by an event, but if these delays are significant you can contact us to discuss what options there are.
You must ensure that the actual delivery of the products ordered can take place at the delivery location, in the time specified.
You are responsible for the product from the time we deliver the product to your delivery location or collection from the delivery provider's location.
If after a failed delivery, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract see clause 12.
We are not responsible for delays outside our control. If our supply of any products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and, except for bespoke products for which production has commenced, receive a refund for any products you have paid for but not received. As bespoke products are made to your order we cannot agree to issue any refund but may be able to give to you a (partial) refund if we can resell the item within a reasonable period and to the extent, we are able to recover the sale price.
Any delivery period specified by Bloom & Grove is indicative and does not give you the right to dissolution or compensation if this period is not met unless the parties have expressly agreed otherwise in writing.
17. Guarantee
Our products are made with care and to last. Therefore we offer a two year guarantee against discrepancies caused by faulty manufacture, construction, or material.
The guarantee will not apply to products that have been damaged from accidents, changes, negligence, improper use by the customer, or stored in incorrect conditions/environment, or when the cause of the defect can not clearly be established.
Bloom & Grove product ranges are designed for indoor use only. As wood is an active material, products should not be exposed or located in a dry or damp environment. If products are put into storage they must be kept in a climate-controlled facility.
Bloom & Grove accepts no responsibility for variations in pattern, grain, colour, and texture in materials or anomalies such as splitting, warping, colourisation, or other irregularities attributed to temperature fluctuation, light, humidity, or moisture.
Wood and flora will change colour over time, this is the natural process of raw material and will not be accepted as a fault.
We do our utmost to provide high-quality products, however, if you do experience a product you believe is not up to standard, you must inform Bloom & Grove of this as soon as possible.
You must examine a product provided by Bloom & Grove as soon as possible for possible shortcomings.
You must inform Bloom & Grove of this within two months after detection of the shortcomings.
You must provide a detailed description of possible shortcomings so that Bloom & Grove is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Bloom & Grove being forced to perform other work than has been agreed.
18. Joint and several client liabilities
If Bloom & Grove enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Bloom & Grove under that agreement.
19. Liability of Bloom & Grove
Bloom & Grove is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Bloom & Grove is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
Bloom & Grove is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.
If Bloom & Grove is liable, its liability is limited to the amount paid by a closed (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colours, drawings, and descriptions on the website or in a catalogue are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
20. Expiry period
Every right of the customer to compensation from Bloom & Grove shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
21. Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Bloom & Grove in the fulfilment of any obligation to the customer cannot be attributed to Bloom & Grove in any situation independent of the will of Bloom & Grove, when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Bloom & Grove.
The force majeure situation referred to above is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery men, or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
If a situation of force majeure arises as a result of which Bloom & Grove cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Bloom & Grove can comply with them.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Bloom & Grove does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
22. Changes in the general terms and conditions
Bloom & Grove is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in the content will be discussed by Bloom & Grove with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
23. Transfer of rights
The customer can not transfer its rights deferring from an agreement with Bloom & Grove to third parties without the prior written consent of Bloom & Grove.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
24. Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Bloom & Grove had in mind when drafting the conditions on that issue.
25. Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Bloom & Grove is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.