Last Updated: 31 March 2019
PLEASE READ THIS TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THE SITES, PRODUCTS OR SERVICES.
BY USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, THEN YOU CANNOT USE THE SITES, PRODUCTS OR SERVICES.
Freshly Bloom and/or its affiliates, subsidiaries, and related companies (the "Company") and the user of the Company's Sites, Products or Services ("you"), collectively ("us") agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our website, any transaction or relationship between us resulting from your use of our website, the purchase, order, installation, or use of Company products or services, or communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Company further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You and Company further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at https://www.adr.org/, or by calling AAA at 800-778-7879 If you initiate arbitration, Company will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Company in writing and provided a copy of the arbitration proceedings. However, if Company is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Company. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Company's and may not preside over any kind of representative or class proceeding against Company's. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR WEBSITE OR PRODUCT, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND WITHIN 14 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
TERMS & CONDITIONS
This Agreement is by and between Freshly Bloom and/or its affiliates, subsidiaries, and related companies (collectively, the "Company") and the user of the Company's Sites, Products or Services ("you" or "Customer") and it sets forth the terms and conditions which apply to the use by you of the Sites, Products or Services (as defined below). The right to use the Sites, Products or Services offered by Company is personal to you and is not transferable to any other person or entity. Company reserves the right to make changes to the Company sites, policies, and these Terms at any time without notice.
Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Company sites, nor for any offensive, defamatory or obscene posting made by any Customer. Under no circumstances shall Company be liable for any loss or damage caused by information obtained through the content on the Sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
You agree to defend, indemnify and hold harmless Company and its respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Sites, Products or Services.
Our standard ground shipping takes approximately 3 to 4 business days within the continental United States (USPS). If you have not received your order within 16 days from your purchase date, please contact our customer care to request a reshipment of your order. Company does not guarantee specific arrival dates or times. If you entered the wrong address on our order form and we are forced to reship your package, there will be an additional shipping and handling charge equal to your original order. To check the status of your order, update your mailing address, or request reshipment because you have not received your product, contact customer service at the number listed at bottom of page.
You may not resell any product on eBay, Amazon, or any other auction website or online marketplace. Prices do not include any foreign or domestic governmental taxes or charges of any kind that may be applicable to the sale of these products.
Once an order has been submitted, your credit card will be charged. Our ordering process is streamlined so that your order is immediately sent to processing and then shipping. Due to the high volume of orders we receive, we are unable to cancel an order after it is submitted.Please contact customer service for future order cancellation.
We take great pride in the superior quality of our products and want you to be pleased with your purchase. We believe in offering the very best value, quality and selection to our customers. Your order will be processed and shipped within 2 business days via first class mail. You may return any unused and unopened item purchased from us for any reason within Thirty (30) days of your purchase date. If you purchased your merchandise through a special site promotion that included a free additional product, ALL items must be returned in order to receive a refund. If you return a partial amount of merchandise, you will forfeit any free product and receive a refund on the discount price per item, based on the total purchase. Your complete satisfaction is our ultimate goal. You may return any item shipped by Company, subject to the following conditions:
To request a refund you must obtain an RMA (Return Authorization). Requests must be made by calling customer service and submitted with your order information and explanation of why you wish to return the product. If you return your product without a RMA number you will not be refunded. For returns via mail, you are responsible for the cost of return shipping, and we must physically receive the undamaged item within the 30-day period. Company reserves the right, at its sole discretion, to reject any return that does not comply with these requirements. Once your return has been received, a credit to your card will be issued within 30 days.
*Refund Processing within 3-5 days.
Returns addressed to:
Attn: Returns Department
RMA # (initial Order #)
6200 NW 7th St #269038, Miami, FL, 33126
Prices for shipping and merchandise may vary. Please refer to checkout page and review specific details in the terms and conditions herein. By ordering a trial, you will be sent a 30 day supply of the product and charged only for shipping ($4.97 USD). If you feel Freshly Bloom is not for you, cancel within 14 days from the order date to avoid the full purchase price $89.97 and enrollment in the auto-shipment program which sends you a month supply every 30 days (Starting 30 days after the trial end) for the price of $89.97 + $4.97 s/h until cancel.
You hereby authorize Company to charge your credit card, as per terms described herein.
DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through our Website, please notify our copyright agent, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
DMCA Agent. The above information must be submitted to the following DMCA Agent:
Name: DMCA Agent
Company Rights. Company shall retain ownership in and to the Services, Products or Sites and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with our ownership of the Services, Products or Sites. You further acknowledge and agree that nothing in this Agreement and no use of the Services, Products or Sites shall cause to vest or be construed to vest in you, any right, title or interest in or to the Services, Products or Sites other than the express right to use the Services, Products or Sites solely in accordance with the so and conditions of this Agreement.
Statements made by Company have not been evaluated by the U.S. Food and Drug Administration (the "FDA"). The FDA does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
The information presented on the Sites is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner.
In the event that any individual should use the information presented on this website without a licensed medical practitioner's approval, that individual is assuming the risk of analyzing medical advice, and acting upon such analysis, without consulting the opinion of a qualified medical professional.
No responsibility is assumed by the Company of any information that is used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the Products mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization.
This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous studies required before a particular product can be deemed truly beneficial, potentially dangerous, or prescribed in the treatment of any condition or disease.
PRODUCT SAFTEY GUIDELINES
Before using an product or ingredient that you are unfamiliar with, find out its medicinal properties. Research it thoroughly and/or consult with an appropriately qualified practitioner or expert. If you are taking prescription drugs, or have a medical condition check with an appropriately qualified practitioner before using products. As individuals, we all have different constitutions, sensitivities, allergic reactions and possible health conditions.
The following are merely guidelines. They include products offered on our websites. This list does not help with administering information on possible interactions and contraindications with prescription medicine. This needs to be discussed with your physician.
Should I check with my doctor or healthcare provider before using Product?
Yes - This is a great idea, especially for certain population groups.
Dietary supplements, topical, or health products may not be risk-free under certain circumstances. While dietary supplements, topical, or health products are widely used and generally considered safe, you may wish to check with your doctor or pharmacist before taking or applying any product.
If you are pregnant, nursing a baby, or have a chronic medical condition, such as, diabetes, hypertension or heart disease, be sure to consult your doctor or pharmacist before purchasing or taking any supplement, topical, or health product. If you plan to use a product in place of prescription drugs or in combination with any product, tell your health care provider first. Many health products, topical products, or supplements contain active ingredients that have strong biological effects and their safety is not always assured in all users. If you have certain health conditions and take these products, you may be placing yourself at risk.
Some products may interact with prescription and over-the-counter medicines.
Taking a combination of dietary supplements, topical, or health products or using these products together with medications (whether prescription or OTC drugs) could produce adverse effects. Be alert to advisories about these products, whether taken alone or in combination. For example: Coumadin (a prescription medicine), ginkgo biloba (an herbal supplement), aspirin (an OTC drug) and vitamin E (a vitamin supplement) can each thin the blood, and taking any of these products together can increase the potential for internal bleeding.
Some products can have unwanted effects during surgery.
It is important to fully inform your doctor about the vitamins, minerals, herbals, other health products, topical products, or supplements you are taking, especially before surgery. You may be asked to stop taking these products at least 2-3 weeks ahead of the procedure to avoid potentially dangerous interactions -- such as changes in heart rate, blood pressure and increased bleeding - that could adversely affect the outcome of your surgery and/or cause other complications.