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Sales and Warranty
The General Conditions of Sale and Services (“Conditions”) apply to every purchase of Bloom products via the Bloom website (“Website”), Bloom Stores and authorized Bloom resellers (collectively, the “Purchase”). By proceeding with an order or a purchase you confirm that you have read, understood and accepted the following conditions as well as of the documents referred to herein.
- “Us” or “We” or “Our”: Bloom Diagnostics AG, a public limited company registered in Switzerland under number CHE-27ß.811.476, with a registered office at Susenbergstrasse 185, 8044 Zurich, Switzerland, and its subsidiaries, as the case may be;
- “You”: means the user of the Website and/or the Products;
- “Products”: means each of the following Products or services: Bloom Test which enables you to take a blood sample and measure the results using the Bloom Lab; results are displayed via Bloom App; as sold by us;
- “Account”: means the account held by us in your name and which holds the information submitted by you to us;
- “Content”: means any item, data, material, information, software, images, photos, advertisements, trademark, sounds, videos, expressions, views or opinions, which appear on the Website;
- “Order”: means an order by you to acquire one or more Products from us via the Website;
- “Password”: means a unique combination of numbers and letters which is at least eight digits long, required to access and use the App and its content;
- “Bloom Store”: means our stores which provide the option to perform tests in a supervised environment.
3. Who We Are
Bloom Diagnostics AG is a public limited company registered in Switzerland under number CHE-270.811.476, with a registered office at Susenbergstrasse 185, 8044 Zürich.
Bloom Diagnostics specializes in:
- Development, manufacturing, registration, marketing and international sale of medical diagnostic devices for self testing.
- Development, manufacturing, registration, marketing and international sale of semi-quantitative diagnostic tests for various biomarkers.
- Development, analysis and secure storage of diagnostic data for assessing, monitoring and predictive forecasting of medical conditions.
5. Online Orders, Payments, Delivery And Cancellations
All stated information in the section 6.1 to 6.4 refer to the standardized ordering, payment and delivery process performed and managed by Bloom. For customized orders see 6.7 Customized orders.
5.1. Orders and Availability
We will not accept Orders from users whose IP address is outside, or where the user is a resident outside, the countries identified on our Website. When you purchase the Products online and access the Website, you represent and warrant:
- that you are over 18 years of age;
- that you are resident in countries where you will use our Products (as identified on the Website) and you are accessing the Website from an IP address in one of those countries;
- that you are using the Website in your own name and not on behalf of anyone else;
- that you will not allow any other person to use the Website or Products under your name, nor will you, in using the Products or the Website, pretend you are someone else, or seek to disguise your identity;
- that you are only using the Website and the Products for your own benefit and not for the purposes of providing services to others.
All Products shown on our Website are subject to availability. We will inform you as soon as possible if the Products, which is the subject of a confirmed Order, are not available, and we will not process your Order if such is the case. After placing an Order for the Products via our Website you will receive an email from us acknowledging that we have received your Order. All Orders are subject to acceptance by us and we are under no obligation to accept an Order whether confirmed or not. Orders are only binding on us when we send you an invoice after Order and when we collect the purchase price and all related charges from your credit card or any other payment method accepted by us (“Order Confirmation”). You should check the invoice immediately and notify us of any mistake by email to email@example.com promptly; failure to do so will result in the details stated in the invoice applying to your Order. If we accept your Order, we reserve the right to notify you at any time before delivery of the unavailability of the Products.
You can then cancel the Order and we will refund in full any monies paid by you.
The price is a single combined payment for the Products. By submitting the Order, you agree to pay the relevant purchase price, the VAT (to the extent applicable), freight charges and any other charges in relation to a confirmed Order. We shall present you in a transparent manner with all the costs prior to the Order Confirmation. The purchase price and above stated charges are to be paid in accordance with the agreement (advance payment, part payment on order, part payment on delivery etc.). Submitting an Order and initiation of a prepayment is done by clicking on the payment button on the Website and following the required procedure.
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled.
In addition to contesting the Order, we reserve the right to report suspected illegal activity to appropriate law enforcement agencies.
Unless stated otherwise, the Products are normally dispatched after payment within 3-6 working days of Order Confirmation. If you change the delivery address after we have sent you the Order Confirmation, the Products will be delivered to the original address you supplied to us. We will only arrange to have the Products delivered to a different address, if we accept it as part of the Order Confirmation. Additionally:
- Products will only be delivered when full payment is made to us for all the charges specified in the Order Confirmation.
- If you receive the wrong, damaged/faulty Products, or certain items are absent from the Products kit, then please contact our support at firstname.lastname@example.org directly but not later as within 5 days after receipt of the Product, and they will inform you to fill out the Product Return Form and send it back to us.
- Any visible damage to the Products at the time of delivery shall be notified to the logistics partner directly at the time of delivery. and marked on the handheld or on the proof of delivery.
- Any non-visible damage, shall be reported to our support at email@example.com with pictures within 5 working days after receipt of the Product.
5.4. Return Of Unopened Products
Customers can return unopened products up to 14 days after receipt. They must notify firstname.lastname@example.org and physically return the products to Bloom Diagnostics within this time at their own cost.
Bloom Diagnostics will initiate the reimbursement after receipt and successful inspection of product integrity. Reimbursement will occur via the same method as purchase, unless agreed otherwise.
5.5. Return Of Malfunctioning Products
Return of opened products is accepted in the following cases:
- Warranty claim according to 9.Warranty
- Recall initiated by Bloom Diagnostics AG
- Agreed and approved by Bloom
5.6. Customized orders
Customized orders are made to meet the special requirements of the buyer. These are approved for large one-time orders or for frequent buyers. Customized or unstandardized orders may have special terms and conditions in regard to the ordering process, price, payment method, use of escrow account and delivery process that deviate from these Conditions, on which they will prevail.
Customized terms and conditions are to be agreed between us and the buyer and therefore require mutual consent. The agreed upon terms and conditions are to be recorded in a written form and are archived as a trade document.
6. Store Purchases, payments and cancellations
6.1. Purchases And In-Store Availability
Purchases in our Bloom Store must only be made by customers over 18 years of age. Additional age limits might apply for certain Bloom Tests and will be labeled accordingly.
Bloom Tests certified for lay use are available for purchase and in-store or home use at your discretion. Bloom Tests for professional use must be performed under professional supervision in a Bloom Store or other supervised setting. By purchasing these Products you consent to the appropriate use of the Product. The labeling of the respective test indicates the use.
All Products in our store are subject to availability.
Bloom will provide appropriate forms of payment in its stores. We refuse the right to further process and finalize a purchase if no valid payment can be made on site at the time of purchase.
6.3. In-store testing
We provide testing facilities in the form of Bloom Labs and appropriate equipment at our Bloom Stores. The use of our testing facilities in our Bloom Stores is free of charge with the purchase of the Bloom Test to be used and is conducted at the user’s own risk. Please refer to the Product’s instructions for use for further details.
Our personnel will also be available to answer any question you may have in connection with the use of the Bloom Tests.
7. Limitation of liability
By using any Product, either in store or at your own home, you acknowledge that you have read the Product’s instructions for use and agree to release us, our officers, employees, suppliers and affiliates, from any potential claim, action or liability arising out of or in connection with the use of such Products.
We shall in no event be liable or responsible for any delay in performance of, or default in our performance of any obligation under these Conditions or under an Order, caused directly or indirectly by any cause beyond our reasonable control.
Bloom guarantees good quality and proper function of purchased devices, if used in the manner appropriate for the purpose thereof and in accordance with the instructions for use (operation manual) supplied with the products.
Warranty claims cover malfunction resulting from defective parts, materials or manufacturing. The product is considered malfunctioning, if it fails to perform the functions as indicated in the operation manuals, technical specifications or any other similar documents supplied with the product, and the failure is due to internal device characteristics.
For customers who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Bloom Diagnostics’ Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations.
8.1. Warranty Period
The warranty period for products purchased from Bloom is:
- 24 months for the Bloom Lab and its components from the date of purchase.
- 12 months for the Bloom Tests and its components from the date of purchase.
8.2. Claiming Warranty
To obtain warranty service, customers must contact email@example.com and provide:
- A filled out Product Return Form EN
- Product in its original packaging, including all accessories and components.
Once Boom has received the returned product, the Customer Success team will evaluate the legitimacy of the warranty claim. If granted, Bloom may repair or replace the product at no charge, using new or refurbished replacement parts.
8.3. Warranty Exclusions
- Warranty does not apply to any problems, conditions, malfunctions or damage caused by negligence, unauthorized modifications, theft or loss by the customer.
- Warranty does not apply to products that are not Bloom Diagnostics branded, even if packaged or sold with Bloom Diagnostics products. Non-Bloom Diagnostics branded products may have the benefit of a manufacturer’s warranty provided by the product manufacturer. View the product packaging and literature for details.
9. Intellectual property rights
The Website and the App are controlled, operated and administered by Bloom. You acknowledge and agree that the Website and the App are the property of us or our licensors. Subject to your compliance with these Conditions, we grant you a limited right to access and/or use the Website and the App. The right to access and/or use the Website and the App is a non-exclusive, non-transferable, revocable, limited license, and it is subject to the limitations and obligations contained herein. Nothing in these Conditions gives you any license (other than as set out in this section), right, title, or ownership of, in, or to any of the services embedded in the Website or the App.
You acknowledge and agree that we retain all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Website and the App, the software comprising our services, and all content therein. You acknowledge and agree that “Bloom”, its trademark, service mark, logo and graphics are the registered trademarks or trademarks of us.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Conditions, in whole or in part, at any time. Changes in these Conditions will be effective when notice of such change is posted online on the Website, on the App, or sent via email.
Your continued use of the Website, of the App and services after any changes to these Conditions are posted will be considered acceptance of those changes.
11. Modification and Discontinuation
We reserve the right to discontinue or modify the Website, the App, Products and services at any time without prior notice and without liability to you.
Failure or delay by us to enforce any of these Conditions will not constitute a waiver of our rights against you and does not affect our right to require performance thereof.
You are communicating with us electronically when you use our Website or our Bloom App or when you send us an email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. If any part of these Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Conditions will remain in full force and effect.
The official wording of these Conditions is the English language and any interpretation or construction of these Conditions must be based thereon. If this or any related documents or communications are translated into another language, the English version shall be binding in the event of a discrepancy.
13. Choice of Law and Jurisdiction
The Swiss courts shall have exclusive jurisdiction to settle any disputes arising from or in connection with the use of the Website or App by you.
The construction, interpretation and application of these Conditions shall be governed by the laws of Switzerland to the exclusion of its choice of law provisions. In using our Products and Website, you agree to submit to the exclusive jurisdiction of the courts of Switzerland, in respect of any dispute arising hereunder, provided that nothing herein shall deprive you of any rights you have under relevant consumer protection laws to bring proceedings in your country of residence.