Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the BluumClear marketplace at bluumclear.com and related services (the “Service”), operated by BluumClear (“BluumClear”, “we”, “us”). By creating an account, listing a lot, or claiming a lot, you agree to these Terms. If you do not agree, do not use the Service.

1. What BluumClear is

BluumClear is a same-day, business-to-business marketplace that helps flower growers and co-operatives (“Sellers”) clear post-auction floral surplus by offering it to wholesale buyers (“Buyers”) for same-day pickup. BluumClear is an intermediary platform. We are not the grower, owner, or producer of the flowers, and the contract of sale for any lot is between the Seller and the Buyer. We facilitate listings, claims, payments, and pickup logistics.

2. Eligibility and accounts

• The Service is for businesses and authorized business representatives. You must be at least 18 and able to enter into a binding contract.
• You are responsible for the accuracy of your account information and for all activity under your account. Keep your login credentials confidential.
• Seller accounts are issued per grower/co-operative. You may only act on behalf of an organization you are authorized to represent.

3. Listings (Sellers)

• Sellers are responsible for the accuracy of each listing, including species, variety, grade, quantity, unit, price, facility, and pickup window.
• Sellers must have the right to sell the listed stock and must make claimed stock available for pickup at the stated facility and within the stated pickup window.
• Floral surplus is perishable and time-sensitive. Listings close at the stated cutoff, and unclaimed stock may be re-listed or withdrawn.

4. Claims, pricing, and payment

• Buyers may either reserve and pay at pickup or pay now online. Submitting a claim creates a binding commitment to purchase the claimed quantity at the listed price.
• Prices are shown per unit in Canadian dollars (CAD) and are set by the Seller. Applicable taxes may be added where required.
• Online payments are processed by Stripe. By paying, you agree to Stripe’s terms. BluumClear does not store your full card details.
• BluumClear charges a platform fee, and the proceeds of each sale are split between the grower, the co-operative partner, and BluumClear. The applicable split is reflected in your order records.

5. Pickup

• Each claim generates a pickup ticket. You must present your ticket at the stated pickup facility and collect by the stated pickup deadline.
• For reserve / pay-at-pickup orders, payment is due on collection.
• Stock not collected by the pickup deadline may be released, re-listed, or disposed of. Because the goods are perishable, failure to collect on time may result in forfeiture of the order without refund, except as required by law or as otherwise stated at checkout.

6. Cancellations and refunds

Because floral surplus is perishable and sold for same-day clearance, claims are generally final once submitted. If a Seller cannot fulfil a paid claim (for example, the stock is unavailable at pickup), you are entitled to a refund of the amount paid for the unfulfilled portion. Refunds are issued to the original payment method via Stripe. Disputes about quality or fulfilment should be raised promptly at pickup and reported to us using the contact details below.

7. Quality and “as-is” nature of surplus

Surplus flowers are sold on an “as-is” basis as post-auction, end-of-cycle stock. While Sellers are expected to list stock accurately and in saleable condition, BluumClear does not guarantee the freshness, vase life, grade, or suitability of any lot for a particular purpose. Buyers are responsible for inspecting stock at pickup.

8. Acceptable use

• Do not use the Service for any unlawful purpose, to post false or misleading listings, or to interfere with the Service’s operation or security.
• Do not attempt to access accounts, orders, or data that are not yours, or to circumvent the Service’s access controls.
• Do not resell or misuse pickup tickets, or use another party’s account without authorization.
• You may report a listing or seller you believe is inaccurate, misleading, or fraudulent. Reports are attributed to the account that submits them and shared with our team to investigate. Do not submit false or malicious reports.

9. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, to the maximum extent permitted by law. BluumClear does not warrant that the Service will be uninterrupted, error-free, or secure, or that any lot will meet your expectations. As an intermediary, we are not responsible for the acts or omissions of Sellers or Buyers.

10. Limitation of liability

To the maximum extent permitted by law, BluumClear and its operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost goods, arising out of or relating to your use of the Service. To the extent we are found liable, our total liability for any claim will not exceed the greater of the platform fees we earned on the transaction giving rise to the claim or CAD $100.

11. Indemnification

You agree to indemnify and hold harmless BluumClear from any claims, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your listings or claims, or your violation of these Terms or of any law or third-party right.

12. Suspension and termination

We may suspend or terminate your access to the Service at any time if you violate these Terms, misuse the Service, or create risk or legal exposure for BluumClear or other users. You may stop using the Service and request account closure at any time.

13. Changes to the Service and these Terms

We may modify the Service or these Terms from time to time. When we change these Terms we will update the “Last updated” date above. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of- laws principles. The courts located in Ontario will have exclusive jurisdiction over any dispute arising from these Terms or the Service.

15. Contact

Questions about these Terms? Email us at support@bluumclear.com.