Terms of Service

Overview

This website is operated by Conscious Wellness, LLC, DBA Her Bloom ("Her Bloom," "we," "us," or "our"). Throughout the Site, the terms "we," "us," and "our" refer to Her Bloom.

Her Bloom offers this website, including all information, products, tools, and services available from this Site, conditioned upon your acceptance of these Terms of Service ("Terms"), together with any policies referenced herein, including our Privacy Policy, Cookie Policy, and Refund Policy.

By visiting our Site, creating an account, purchasing products, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access the Site or use any Services.

These Terms apply to all users of the Site, including, without limitation, browsers, customers, merchants, affiliates, and contributors of content.

Please read these Terms carefully before using our website. Any new features, products, or tools added to the current store shall also be subject to these Terms.

We reserve the right to update, modify, or replace any part of these Terms by posting updates to this page. Your continued use of the Site following any changes constitutes acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides the ecommerce platform that enables us to offer our products and services.

Section 1 – Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have obtained consent from a parent or legal guardian to use this Site.

You may not use our products or Services for any unlawful or unauthorized purpose, nor may you violate any applicable laws or regulations while using the Site.

You must not transmit any worms, viruses, malware, ransomware, or any code of a destructive nature.

Violation of these Terms may result in the immediate suspension or termination of your access to the Site and Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any lawful reason at any time.

We reserve the right to limit, suspend, or discontinue any aspect of the Site or Services without prior notice.

You understand that content you submit to us (excluding payment information) may be transferred unencrypted across various networks and may be modified to conform to technical requirements of connecting devices or networks. Payment information is always encrypted during transmission by our payment processors.

You agree not to reproduce, duplicate, copy, sell, resell, license, exploit, or otherwise use any portion of the Site, Services, or content without our prior written consent.

The headings used in these Terms are provided for convenience only and shall not affect the interpretation of any provision.

Section 3 – Accuracy, Completeness, and Timeliness of Information

We strive to provide accurate and current information on our Site. However, we do not warrant that all information is complete, accurate, reliable, current, or error-free.

Information provided on this Site is intended for general informational purposes only and should not be relied upon as the sole basis for making purchasing or other decisions.

Any reliance you place on information found on this Site is at your own risk.

We reserve the right to modify the contents of this Site at any time without obligation to update previously published information.

It is your responsibility to monitor changes to the Site.

Section 4 – Modifications to the Service and Prices

Prices for our products may change without prior notice.

We reserve the right to modify, suspend, discontinue, or limit access to any portion of the Site or Services at any time without liability.

We shall not be liable for any modification, suspension, discontinuance, or price change affecting any product or Service.

Section 5 – Products

Certain products may be available exclusively online and may have limited quantities.

Returns and exchanges are governed by our Refund Policy, which is incorporated into these Terms by reference.

Our period underwear and wellness products are designed to provide menstrual care, comfort, and protection. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Any information provided on this Site is intended for general informational purposes only and should not be considered medical advice. If you have questions regarding your health or menstrual care, you should consult a qualified healthcare professional.

Due to the intimate nature of period underwear, all sales are final for hygiene reasons except where expressly stated in our Refund Policy or where required by applicable law.

We make every reasonable effort to accurately display product descriptions, photographs, colors, sizing, and specifications. However, we cannot guarantee that your device's display will accurately represent colors or product appearance.

While we strive to accurately describe our products, individual experiences may vary depending on body shape, sizing, menstrual flow, personal preferences, and intended use.

We reserve the right to:

• limit product quantities;
• refuse or limit sales to any person, geographic region, or jurisdiction;
• discontinue products at any time; and
• modify product descriptions or pricing without prior notice.

Delivery dates are estimates only and are not guaranteed.

Her Bloom shall not be responsible for shipping delays caused by shipping carriers, customs agencies, severe weather, labor disruptions, supply chain interruptions, governmental actions, or other events beyond our reasonable control.

Risk of loss and title for purchased products pass to the customer upon delivery of the products to the shipping carrier, to the extent permitted by applicable law.

Section 6 – Billing and Account Information

We reserve the right to refuse, limit, or cancel any order at our sole discretion.

An order confirmation email acknowledges receipt of your order but does not constitute acceptance of your order.

We reserve the right to accept, decline, or cancel any order before shipment for reasons including, but not limited to:

• inventory availability;
• pricing errors;
• suspected fraud;
• suspected unauthorized transactions;
• suspected reseller activity; or
• violations of these Terms.

You agree to provide current, complete, and accurate account, billing, payment, and shipping information.

You agree to promptly update your information so we can complete your transactions and contact you when necessary.

Additional information regarding returns, exchanges, and refunds is available in our Refund Policy.

Section 7 – Optional Tools

We may provide access to third-party tools or services that we neither monitor nor control.

Such tools are provided "as is" and "as available," without warranties, representations, or endorsements of any kind.

Your use of any optional third-party tools is entirely at your own risk and discretion.

You should review the terms and privacy policies of any third-party provider before using their services.

Any future features, services, or tools introduced by Her Bloom shall also be subject to these Terms.

Section 8 – Third-Party Links

Certain content, products, services, or promotions available through our Site may include materials or links provided by third parties.

We are not responsible for examining or evaluating the content, accuracy, availability, or practices of third-party websites.

Her Bloom assumes no responsibility or liability for any third-party materials, websites, products, services, or transactions.

Your interactions with third-party websites are governed solely by the terms and privacy policies of those third parties.

Section 9 – User Comments and Feedback

If you submit comments, reviews, ideas, suggestions, testimonials, photographs, videos, or other content to Her Bloom, whether requested or unsolicited, you grant Her Bloom a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, translate, adapt, create derivative works from, and otherwise use such content in connection with our business, marketing, advertising, social media, website, and promotional activities without additional notice or compensation, unless prohibited by law.

We are under no obligation to:

• maintain submissions in confidence;
• compensate you for submissions; or
• respond to submissions.

We reserve the right, but are not obligated, to monitor, edit, remove, or refuse content that we determine is unlawful, offensive, defamatory, misleading, obscene, infringing, or otherwise violates these Terms.

You represent and warrant that any content you submit:

• is accurate;
• does not infringe upon any intellectual property or privacy rights;
• does not contain unlawful or harmful material;
• does not contain viruses or malicious code; and
• may lawfully be submitted by you.

You remain solely responsible for all content you submit to the Site.

Section 10 – Intellectual Property

Unless otherwise stated, all content available on this Site (including but not limited to text, product descriptions, photographs, graphics, logos, icons, illustrations, videos, product designs, page layouts, downloads, software, trademarks, service marks, trade dress, and other materials) is the exclusive property of Conscious Wellness, LLC, DBA Her Bloom, or its licensors, and is protected by applicable copyright, trademark, and other intellectual property laws.

Her Bloom™, our logos, product names, slogans, branding, and other identifying marks may not be used without our prior written permission.

You are granted a limited, non-exclusive, non-transferable license to access and use this Site solely for your personal, non-commercial use.

Except as expressly permitted by law, you may not:

• reproduce;
• distribute;
• modify;
• publish;
• transmit;
• display;
• create derivative works from;
• sell;
• license; or
• otherwise exploit any content from this Site without our prior written consent.

Unauthorized use of our intellectual property may violate copyright, trademark, and other applicable laws.

Section 11 – Personal Information

Your submission of personal information through our Site is governed by our Privacy Policy, which explains how we collect, use, disclose, store, and protect your information.

By using the Site, you acknowledge that you have read and understand our Privacy Policy.

Section 12 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to do any of the following at any time without prior notice, including after an order has been submitted:

• correct any errors, inaccuracies, or omissions;
• update information;
• modify content; or
• cancel orders.

We undertake no obligation to update, amend, or clarify information except as required by applicable law.

Any stated update or refresh date should not be interpreted to indicate that all information has been modified or remains current.

Section 13 – Prohibited Uses

In addition to any other prohibitions contained in these Terms, you agree not to use the Site or its content:

• for any unlawful purpose;
• to solicit others to perform unlawful acts;
• to violate any international, federal, state, provincial, or local laws or regulations;
• to infringe upon our intellectual property rights or those of others;
• to harass, abuse, threaten, defame, discriminate against, or intimidate any individual or group;
• to submit false or misleading information;
• to upload or transmit malware, viruses, worms, ransomware, or other malicious code;
• to collect or track another person's personal information without authorization;
• to spam, phish, crawl, scrape, or otherwise harvest information from the Site;
• to interfere with or circumvent the security features of the Site;
• to use the Site for fraudulent purposes;
• to interfere with the operation of the Site or its supporting infrastructure; or
• for any obscene, offensive, or immoral purpose.

Violation of these prohibited uses may result in the immediate suspension or termination of your access to the Site and may subject you to civil or criminal liability where applicable.

Section 14 – Disclaimer of Warranties; Limitation of Liability

THE SITE, SERVICES, PRODUCTS, AND ALL CONTENT PROVIDED BY HER BLOOM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, HER BLOOM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT; AND
• ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

• THE SITE WILL OPERATE WITHOUT INTERRUPTION;
• THE SITE WILL BE ERROR-FREE;
• DEFECTS WILL BE CORRECTED;
• THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
• THE RESULTS OBTAINED FROM USING THE SITE OR OUR PRODUCTS WILL MEET YOUR EXPECTATIONS.

YOUR USE OF THE SITE AND OUR PRODUCTS IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HER BLOOM, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM:

• YOUR USE OF THE SITE;
• YOUR INABILITY TO USE THE SITE;
• ANY PRODUCTS PURCHASED THROUGH THE SITE;
• ANY ERRORS OR OMISSIONS IN SITE CONTENT; OR
• ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION.

WHERE APPLICABLE LAW DOES NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Section 15 – Indemnification

You agree to indemnify, defend, and hold harmless Conscious Wellness, LLC, DBA Her Bloom, together with its owners, officers, directors, employees, affiliates, contractors, licensors, suppliers, service providers, successors, and assigns, from and against any claims, damages, liabilities, losses, judgments, settlements, penalties, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• your violation of these Terms;
• your misuse of the Site or Services;
• your violation of any applicable law or regulation; or
• your infringement of any intellectual property, privacy, or other rights of a third party.

Section 16 – Severability

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

Section 17 – Termination

These Terms remain effective unless terminated by either you or Her Bloom.

You may terminate these Terms at any time by discontinuing use of the Site.

We reserve the right to suspend, restrict, or terminate your access to the Site or Services immediately and without prior notice if we reasonably believe you have violated these Terms or engaged in unlawful, fraudulent, or abusive conduct.

Termination of your access shall not affect any rights or obligations accrued before termination, including payment obligations, ownership rights, disclaimers, indemnification obligations, and limitations of liability, all of which shall survive termination where applicable.

Section 18 – Entire Agreement

These Terms of Service, together with our Privacy Policy, Cookie Policy, Refund Policy, and any other policies or operating rules posted on this Site, constitute the entire agreement between you and Her Bloom regarding your use of the Site and our Services.

These Terms supersede any prior or contemporaneous agreements, communications, proposals, or understandings, whether oral or written, relating to the same subject matter.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 19 – Governing Law

These Terms of Service and any separate agreements whereby we provide products or Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

To the fullest extent permitted by law, you agree that any legal action or proceeding arising out of or relating to these Terms, your use of the Site, or your purchase of products from Her Bloom shall be brought exclusively in the state or federal courts located in Volusia County, Florida.

You consent to the exclusive jurisdiction and venue of those courts and waive any objection based on inconvenient forum or lack of personal jurisdiction.

Section 20 – Force Majeure

Her Bloom shall not be liable for any delay, interruption, or failure to perform any obligation under these Terms when such delay or failure results from events beyond our reasonable control.

These events may include, but are not limited to:

• natural disasters;
• severe weather;
• fire;
• flood;
• labor disputes or strikes;
• acts of war or terrorism;
• governmental actions;
• public health emergencies;
• internet or telecommunications outages;
• transportation delays;
• supply chain interruptions;
• shortages of materials;
• failures of third-party service providers; or
• any other circumstance beyond our reasonable control.

In such circumstances, our obligations shall be suspended for the duration of the event, and we will make commercially reasonable efforts to resume normal operations as soon as practicable.

Section 21 – Electronic Communications

By visiting the Site, creating an account, placing an order, or communicating with us electronically, including through email, online forms, or customer support, you consent to receive communications from Her Bloom electronically.

You agree that all agreements, notices, disclosures, receipts, policies, updates, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Section 22 – Changes to These Terms

We reserve the right to update, revise, or replace these Terms of Service at any time by posting the revised version on this page.

Changes become effective immediately upon posting unless otherwise stated.

It is your responsibility to review these Terms periodically.

Your continued use of the Site or purchase of products after any revisions have been posted constitutes your acceptance of the updated Terms.

The "Last Updated" date at the top of these Terms indicates when they were most recently revised.