Terms of service
Last Updated: November 1, 2024
Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".
Your Acceptance of this Agreement
The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference including, without limitation, our Privacy Policy (as defined below), constitute a legal agreement (collectively, this "Agreement") and are entered into by and between you ("you", "your", "User") and Cactus Bloom Co. ("Company," "we," "us," and "our").
This Agreement contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your access and use of cactusbloomco.com (the "Website"). Please read the Agreement carefully.
BY ACCESSING, USING THIS WEBSITE, OR PLACING AN ORDER, YOU:
ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT;
YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK**
Updates to this Agreement or the Website
We may revise this Agreement and the Website and its content at any time without notice, and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Website. By continuing to use this Website or by making subsequent purchases, you are agreeing to be bound by the then current version of this Agreement.
Collecting Personal Information
When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information.” See the list below for more information about what Personal Information we collect and why.
Your Responsibilities
You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Prohibited Activities
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:
- Accessing content and data that is not intended for you;
- Attempting to breach or breaching the security and/or authentication measures which are not authorized;
- Restricting, disrupting, or disabling service to users, hosts, servers, or networks;
- Illicitly reproducing TCP/IP packet headers;
- Disrupting network services and otherwise disrupting our ability to monitor the Website;
- Using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing;
- Otherwise attempting to interfere with the proper working of the Website.
Ownership of the Website and Content
You acknowledge and agree that the Website, along with all its contents—including, but not limited to, text, graphics, interfaces, images, videos, sounds, music, artwork, designs, computer code, data, and other elements—are owned by us, our licensors, or other providers of such material. These contents, including their design, structure, selection, arrangement, and overall look and feel, are protected by intellectual property laws, including copyright, trademark, patent, trade secret, and other proprietary rights. Your use of the Website does not grant you any ownership or rights to any of the content or the Website itself.
If you believe there has been a violation of copyright, please contact us immediately at hello@cactusbloomco.com.
Your Limited Rights to Access and Use the Website
The viewing or downloading of any content grants you only a limited, non-exclusive, revocable, non-transferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
Our Rights
We have the right, without provision of notice to:
- Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website;
- Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of this Agreement;
- At all times, take such actions with respect to any of your input deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Agreement.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
Third-Party Links and Content
For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Disclaimers
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.
How We Limit Our Liability to You
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of this Agreement or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in this Agreement or any use of any goods, digital products and information purchased from this Website
Submission Standards
Without limiting the foregoing, you warrant and agree that anything you submit, post, publish, display, or transmit (collectively, "submit") to the Website, to other users or other persons (collectively, "your inputs") shall not:
- In any manner violate any applicable laws.
- In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion;
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or asking for personal information as prohibited under applicable laws, regulations, or code;
- Involve, provide, or contribute any false, inaccurate, or misleading information;
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
- Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act; and
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Your Input
Subject to the Privacy Policy (as defined below), none of your inputs (except for credit card information) you submit to the Website will be subject to any confidentiality by Company. By providing any of your input to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material (except for credit card information) for any purpose and according to your account settings and/or incorporate such material into any form, medium, or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any of your input.
You understand and agree that you, not the Company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any of your input you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any of your input submitted by you or any other user of the Website.
Online Purchases
Orders for goods, digital products, or information are subject to additional terms:
- You cannot order from this Website if prohibited by law or outside the geographic region of availability.
- Your order is an offer to buy under this Agreement; acceptance is at our discretion.
- Prices, discounts, and promotions may change without notice; the price at the time of order is binding.
- Prices exclude taxes and shipping, which are itemized in the shopping cart and confirmation email.
- Payment must be received before order acceptance; accepted methods include Shop Pay, PayPal, Visa, Mastercard, American Express, Amazon Pay, and Apple Pay.
- You warrant that your payment information is correct, and you are authorized to use the payment method.
- We will arrange for shipment of the goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
- Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
For any questions, please email us at hello@cactusbloomco.com.
Order Processing Time & Fulfillment
- Fulfillment Time: This is the time required to create your custom-ordered product and does not include shipping.
- Once your order is placed, it is sent to our automated production facility for prompt processing.
- Fulfillment time is calculated in business days.
- All in-stock items are fulfilled within 7 business days.
- You will receive a notification with shipping information once your order has been fulfilled and left our building.
- Fulfillment times are estimates and not guarantees.
For any questions, please email us at hello@cactusbloomco.com.
Shipping and Returns
Shipping
- All in-stock items ship within 14 business days (excluding pre-orders).
- Shipping confirmation with tracking is provided when the order leaves the building.
- Orders may be split into multiple shipments.
- Due to the handmade nature, each item requires up to 3 weeks for production.
- Only US domestic shipping is available.
- Shipping charges are non-refundable.
Pre-Orders
- Pre-orders may take up to 5 weeks for processing.
- Partial orders will have remaining items fulfilled ASAP.
Sales (Black Friday, Anniversary, Holiday)
- Special sales may take up to 4 weeks for processing.
- Partial orders will have remaining items fulfilled ASAP.
Shipping Address
- Triple-check your mailing address when placing an order; it cannot be changed once the order is submitted.
- Buyer is responsible for incorrect or undeliverable addresses.
- Return to Sender packages incur a $10 reshipping fee, payable via PayPal or Venmo.
- Orders with unpaid reshipment fees within 30 days result in item donation.
- Contact the courier directly for tracking issues.
- We are not responsible for packages marked as delivered by the courier but not received by the recipient.
Order Changes/Cancellations
- Orders cannot be canceled or modified after checkout.
- Ensure all order details (email, shipping address, phone number) are correct before submission.
Returns
- To start a return, send an email to hello@cactusbloomco.com to initiate the process.
- ALL REFUNDS ARE REFUNDED AS STORE CREDIT. No returns will be made to the original payment method, no exceptions!
- If you wish to return items for whatever reason, we do accept returns in unworn, unwashed, undamaged, unaltered and free of deodorant, smoke, perfume odors within 30 days from the date the order was placed.
- Report damaged items within 5 days of delivery with a clear photo.
- We assume no responsibility for dye transfer during shipping, improper care, incorrect sizing, or damages from package opening.
- No exchanges for Graphic Tees or Sweatshirts.
- Return items by mail per Customer Care instructions; replacement processing takes 7-10 business days.
- Unreasonable return patterns may lead to restricted future transactions.
- We reserve the right to refuse a return if these conditions are not met.
For any questions, please email us at hello@cactusbloomco.com.
Privacy Policy
Your provision of personal information through the Website is governed by our privacy policy located at https://www.shopcactusbloomco.com/policies/privacy-policy (the "Privacy Policy").
Governing Law & Dispute Resolution
The Website and this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under this Agreement will be instituted in the courts of the State of Minnesota, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
If any provision of these Terms and Conditions is held by any Court or other authority to be invalid or unenforceable in whole or in part, then the validity of the rest of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement or the rights and obligations of the parties under this Agreement.
Other Matters
- The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
- This Agreement constitutes the entire agreement between you and Company with respect to your access and use of the Website, its content and any good, digital product or information purchased from the Website, and supersedes all prior and contemporaneous agreements between you and Company.
- Failure of Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
- We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
In addition, you agree to our Messaging Terms:
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the program. By participating in the program, you agree to receive automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.
For any questions, you can contact us for more information about the program at hello@cactusbloomco.com
To give us notice under this Agreement, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Cactus Bloom Co., 1715 7th St W, #16012, Saint Paul MN 55116. We may update the address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to prove the receipt of the notice.
This website is operated by Cactus Bloom Co., 1715 7th St W, #16012, Saint Paul MN 55116. Should you become aware of misuse of the website, including libelous or defamatory conduct, you must report it to the Company. All reports of misuse and other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@cactusbloomco.com