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Terms and Conditions of Bloom

Valid from 01.02.2018This website is operated by JG Palmer LLP, company registration number: OC303812, registered address: 37 St Margaret’s Street, Canterbury, Kent trading as Bloom (referred to as “Bloom/we/our/us”). As user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below (which includes any other important hyper-linked sections. Please:

  • Read through these terms and conditions carefully before using this website
  • Print a copy for future reference..
  • Also read our Privacy Policy section regarding your personal information.

1. General

  • 1.1  We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
  • 1.2  If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

2. Order Process

  • 2.1  Please see How to Use this website section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
  • 2.2  The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Bloom.
  • 2.3  Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
  • 2.4  We do not file details of the terms and conditions with your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records.

3. Delivery

  • 3.1  The costs of subscriptions listed on this website include delivery using First Class Post office delivery (or 2nd Class for occasionally bulky Children’s magazines and those over 750 grams in weight) within the UK and where applicable a Priority Airmail Service. Where multiple orders are made from stock so that the combined weight is over 1.5kg, we will send by 48 hr courier. We can accept no responsibility for any issues that may get lost in the post, couriers will, however, be tracked.
  • 3.2  Typically we will commence the subscription with the first available issue 7 days following the date of the order. Bloom shall be under no liability for any delay or failure to deliver the products within estimated timescales.
  • 3.3  Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
  • 3.4  Occasionally and when you have taken advantage of a magazine publisher offer, some or all of your subscription will be fulfilled but that publisher or their appointed agents. Bloom will always provide advice and customer service in these instances although the publisher will be the main point of contact.

4. Payment

  • 4.1  We take payment from your card at the time we receive your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
  • 4.2  The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:

    While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
  • 4.3  Payment can be made by any method specified in How to Use this website. For information about secure on-line ordering see Security.
  • 4.4  Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

5. Returns, Cancellations and Substitutions

  • 5.1  The detailed information on magazines is largely provided by the magazines themselves and we can offer no warranty as to their accuracy.
  • 5.2  If you are not satisfied with the subscription you have ordered, you can change to an alternative subscription of equivalent value. Email us. We will also provide a refund on any issues outstanding subject to a 5% transaction fee, should you wish to cancel your subscription at any time.
  • 5.3  For undelivered monthly/weekly subscriptions, you must make your missing subscription claim within three months. Any claims after this time will not be processed.

6. Intellectual Property

  • 6.1  You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
  • 6.2  You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

7. Liability and Indemnity

  • 7.1  Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
  • 7.2  Subject to Section 7.1 above, Bloom will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Bloom will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Bloom accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
  • 7.3  Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
  • 7.4  Subject to Section 7.1 above, Bloom will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
    • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); orloss of goodwill or reputation; orspecial or indirect losses
    suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
  • 7.5  Notwithstanding the above, subject to Section 7.1 Bloom aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
  • 7.6  This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
  • 7.7  We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

8. Data Protection

  • 8.1   The privacy of our customers is important to us. Bloom handle any personal data in line with the current General Data Protection Regulation (GDPR).
  • 8.2  The primary aim for collecting data is to provide you with a customised experience on our website and to fulfil our services to you.
  • 8.3  The Bloom Security Breach Response Plan is in place in the instance of a potential security breach. All customers will be informed of a breach within 72 hours.
  • 8.4  We regularly review and audit how we handle personal information. If you have any queries regarding your personal information or would like to have it withdrawn, contact Paul Doleman.
  • 8.5   We will not transfer any personal data to any third parties unless:
    • a) we have your consent to do so
    • b) the third party is a sub-contractor who is processing data on our behalf, securely and in accordance of GDPR regulations.

9. Miscellaneous Provisions

  • 9.1  The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
  • 9.2  We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.
  • 9.3  Bloom shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
  • 9.4  To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
    • (i) the privacy practices of such websites,
    • (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
    • (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
  • 9.5  You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Bloom.
  • 9.6  Bloom reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
  • 9.7  If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
  • 9.8  These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
    • a) the Bloom Retail Group (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
    • b) the Bloom Retail Group shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
    • c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
    • d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
  • 9.9  No delay or failure by Bloom to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Bloom.
  • 9.10  These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Bloom relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Bloom for your use of this website.

Privacy Notice

JG Palmer LLP (“Bloom ” or “we”) are committed to protecting and respecting your privacy. We are the data controller and responsible for your personal data.

Our full details are:

Bloom Magazine

hello@bloommag.co.uk

167–169 Great Portland Street, London, W1W 5PF

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

Bloom may change this policy from time to time by updating this page. This policy is effective from 17 May 2018.

Your rights

1.1 You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection (www.ico.org.uk). We would, however, appreciate the chance to deal with any concern before you approach the ICO so please contact us in the first instance.

1.2 Under certain circumstances you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

What we collect

We may collect the following information that you give to us by filing in forms on our site when you search for products, place an order, subscribe/set up an account with us, enter a competition, promotion or survey, or by corresponding with us by phone, email or otherwise:

  • Name
  • Contact information including email address and telephone numbers;
  • Demographic information such as postcode, preferences and interests;
  • Information about your subscriptions, such as delivery locations and magazines subscribed to; and
  • Financial and credit card information.

With regard to each of your visits to our site, we will automatically collect the following information:

  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, and operating system and platform;
  • information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for’ page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs),methods used to browse away from the page, and any phone number used to call our customer service number.

What we do with the information we gather

We require this information to, fulfil any contract we have with you, to understand your needs and provide you with a better service, and in particular for the following reasons:

  • We use your name, contact information, subscription and financial information to carry out our obligations arising from any purchases you make (including the handling of complaints, performance of post-sales services, administration of orders and accounts and shipping) and to provide you with the information, products and services that you request from us;
  • We use your name, email address and information about your completed purchases to provide you with emails containing new magazine issue covers, “Cover Alerts”, only on the magazines that you have purchased from us in the past. This is in our legitimate interest to develop our products and services and grow our business.
  • Publishers may also contact you by electronic means if you have consented to this (see below for Disclosure of your information). If you do not want us to use your data in this way, please ensure that the relevant boxes are left unticked when you proceed to the checkout);
  • We use your name and contact information to contact you for market research purposes by email, phone, fax or mail. This is in our legitimate interest to develop our products and services and grow our business.
  • We may use your subscription, technical information and information about your visit to customise the website according to your interests. This is necessary in our legitimate interests to grow our business;
  • We use your name, subscription and contact information to notify you about changes to our service. This is necessary for the performance of any contract we have with you and to comply with our legal obligations;
  • We use your technical information to ensure that content from our site is presented in the most effective manner for you and for your computer. This is necessary in our legitimate interests to grow our business.
  • We use your technical information and information about your visit for analysis, testing, research, statistical and survey purposes. This is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise);
  • We use your technical information to allow you to participate in interactive features of our service, when you choose to do so. This is in our legitimate interest to develop our products and services and grow our business.;
  • We use your name, contact, subscription, financial and technical information as part of our efforts to keep our site safe and secure. This is necessary to comply with our legal obligations and for our legitimate interests (running our business, network security and to prevent fraud);
  • We use your name, contact, subscription and technical information as well as information about your visit to measure or understand the effectiveness of advertising Bloom serves to you and others, and to deliver relevant advertising to you. This is necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy);
  • We use your name, contact, subscription and technical information as well as information about your visit to make suggestions and recommendations to you and other users of our site about products that may interest you or them. This is necessary in our legitimate interests to grow our business.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us or the third party, as appropriate, at any time.

Where you opt out of receiving these marketing messages it will not apply to personal data provided to us as a result of a product purchase or other transactions.

Disclosure of your information

You agree that, by consenting to us sharing your data with the publisher(s) of the magazines that you purchase, those publishers may contact you in relation to other products and services including relevant content, offers and promotions.

You agree that, by consenting to us processing your personal data, that we have the right to share your personal information with any member of or group, as well as analytics and search engine providers that assist us in the improvements and optimisation of our site. In addition, we will disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
  • If JG Palmer LLP or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of JG Palmer LLP, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  • For auditing purposes, we may share your personal data with a third-party auditing organisation (ABC) so they can verify aggregated statistics about circulation and usage of our Publisher’s products or review their policies, processes and procedures for compliance with relevant standards. You can view their Privacy Policy by following this link; ABC Privacy Policy

Where we store your personal data

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

1.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How long we retain your personal data

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. By law we have to keep basic information about our customers (including name, contact, financial and subscription information) for six years after they cease being customers for tax purposes. We will only retain your technical information and information about your visit for three years after that visit.

How we use cookies

1.4 Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual.

We use the following cookies:

Login ‘remember me’ Cookie (if checked on log-in), enabling you to remain signed in until you manually sign-out of the service. The cookie will be removed upon sign-out, or if you have not visited the site for a period of more than one year.

Basket Information (if not signed in), enabling previous products that you have added to your basket to be remembered. Cookie removed when a successful login has been completed, or a period of one year, whichever is sooner.

Tracking referral site information so we can better identify where traffic is coming from.

Third party Cookie from the Google Analytics service, enabling us to track the flow of users through the Bloom Site, in aid of improving our service. Please refer to Google’s privacy policy for more details.

Third party Cookie from Twitter, enabling Twitter to track the flow of users through the Bloom Site, in aid of improving our service. Please refer to Twitter’s privacy policy for more details.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Please note that third parties (including, publishers) may also use cookies, over which we have no control.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.