Terms & Conditions
1. Outline of Parties and Services
Blume Health is the trade name for Clinia Health GmbH (a company registered in Germany under company number 16511758), (collectively referred to as Blume, we, us, or our, unless otherwise stated). Blume operates an online health and wellness platform focused on weight management, metabolic health, and personalized care pathways (the Services) for patients, users, and customers (you, your, yours).
Blume provides its Services through its websites and digital applications, including but not limited to www.blume-health.com and the Blume mobile application (together, the Platforms).
We also partner with licensed pharmacies and medical professionals to deliver clinical services and products, including prescription-only medication, nutritional supplements, and tailored digital health programmes.
Blume’s Services (Blume Services) include:
i. Facilitating access to communications (including consultations, treatment plans, and advice) between you and the following medical and non-medical professionals:
Medical Personnel: prescribing professionals such as pharmacists, doctors, or nurse practitioners who are duly licensed in their jurisdiction to provide medical consultations and issue prescriptions, where clinically appropriate;
Partner Pharmacists: licensed dispensing pharmacies located in Germany with whom Blume cooperates or collaborates. These pharmacies are duly authorised under German law (Apothekengesetz - “ApoG”) to dispense prescription medications. Partner Pharmacies are regulated by the competent local Chamber of Pharmacists (Bundesapothekerkammer) and operate in compliance with all applicable German pharmaceutical regulations;
Associate Practitioners: third-party health service providers with whom Blume has commercial or professional arrangements but who do not act directly on our behalf;
ii. Providing or enabling access to the following services and tools:
Use of our Platforms, which may include:
- digital tools, educational content, recipes, exercise programs, behavioural support, community access, and health tracking features;
- Access to a private online community (for example, on Facebook or other platforms where applicable) where you can engage with Partner Contributors and fellow Blume members.
In addition, one or more Partner Pharmacies licensed and registered in the relevant jurisdiction may provide the following Pharmacy Services:
- Fulfilling prescriptions written by Prescribers, subject to clinical review and local regulatory guidelines;
- Supplying prescription and non-prescription products (including those developed by or on behalf of Blume);
- Organising delivery of medications and wellness products to you through third-party courier or logistics providers (Associate Couriers).
Together, the Blume Services and the Pharmacy Services are referred to as the Services throughout these Terms and Conditions.
Blume’s structured programmes (including but not limited to “Lifestyle Coaching”) may be offered as bundled Services under these Terms, combining various elements of the above in accordance with your selected treatment pathway.
- Acceptance of These Terms
Each time you access, use, or purchase from the Platforms (including when using any of Blume’s Services), you confirm that you have read, understood, and agreed to be bound by these Terms and Conditions (“Terms”). These Terms constitute a legally binding agreement between you, Blume (as defined in Section 1), and any relevant Partner Pharmacy.
If you do not agree to these Terms, you cannot access or use the Platforms or the Services. You are solely responsible for ensuring your compliance with these Terms.
From time to time, we may amend or update these Terms. Any such changes will be effective from the date specified on the relevant Platform(s). We will ensure that you are clearly informed of material changes thirty (30) days in advance. By continuing to access or use the Services after that date, you agree to be bound by the updated Terms.
The version of the Terms that applies at the time you request or receive a Service will govern your use of that Service. Any changes to the Terms will not apply retroactively and will not affect any rights or obligations that arose before the effective date of the change.
We encourage you to review these Terms periodically to stay informed about any updates. Where required by applicable German or European Union Law (“EU Law”) — including, without limitation, the relevant provisions of the German Civil Code (“BGB”) on consumer protection, and the German Act Against Unfair Competition (“UWG”) — or where we determine it is otherwise appropriate, we will provide you with reasonable notice of material changes to the Terms.
3. Customer Account and Access to Services
3.1. General Provisions
The Services offered through the Platforms are only available to individuals who:
- are at least 18 years of age;
- reside and are registered in Germany;
- access the Services within Germany;
- are capable of entering into a legally binding agreement with us;
- where relevant, have the legal capacity to consent to medical treatment, as assessed by a Prescriber in accordance with applicable provisions of the German Civil Code (Bürgerliches Gesetzbuch, BGB);
- agree to these Terms and our Privacy Notice;
- where required (e.g. for subscription-based Services), create a user account via the Platform(s) (“Account”);
- consent to identity verification measures (e.g. using an electronic health card, secure authentication, or other lawful verification methods) before any prescription can be issued or dispensed;
- confirm that the order for medications within Germany is order placed and received for yourself and you will not attempt to import, export, or forward them outside Germany or to third parties in breach of law;
- understand and accept that certain medicines are not reimbursable under statutory health insurance and agree to pay privately for such treatments when applicable; and
- will not provide false or misleading information or seek to obtain prescription medicines on behalf of another person;
We do not represent that content available through our Platforms is appropriate for use or available in other locations. If you access the Platforms from outside Germany, you do so at your own risk and are responsible for compliance with local laws.
3.2. Creating and Maintaining Your Account
To use the Services, you may be required to register and create an Account. When registering, you agree to:
- providing accurate, current and complete information, including your name, date of birth, gender, contact information, and relevant health details;
- keeping your login credentials confidential and secure;
- notifying us immediately at support@blume-health.com if you suspect any unauthorised use of your Account or if your password has been compromised;
- ensuring that all data you are providing to Prescribers, Partner Pharmacists, Contributors, Associate Practitioners, or Associate Couriers is accurate, up to date, and not wrongful or misleading.
We handle your personal data in accordance with our Privacy Notice, available on the Platform.
3.3. Proxy Access
If you wish to have another person (a “Proxy”) manage some or all aspects of your application for or access to the Services, you must provide us with satisfactory evidence that the Proxy has valid legal authority to act on your behalf in relation to healthcare matters, including decisions concerning the receipt of prescription medicines . Acceptable documentation may include, but is not limited to:
- a certified copy of a Power of Attorney for health matters (“Vorsorgevollmacht”);
- a court order appointing a guardian (“Betreuer”) ;
- or any other legally recognised authority.
We reserve the right to:
- request originals, certified copies, or additional documentation as reasonably necessary to verify the Proxy’s authority and identity;
- limit or refuse Proxy access if the documentation provided is incomplete, unclear, expired, or otherwise insufficient;
- rely in good faith on the documentation provided and treat actions taken by the Proxy within the scope of their authority as binding on you; and/or
- revoke or suspend Proxy access if your authority is revoked, if you object while having legal capacity, or if we have reasonable doubts about the validity or scope of the Proxy’s authority.
We are not liable for any loss or damage arising from actions taken by a Proxy acting under documentation that appeared valid at the time of verification, provided we acted reasonably in reviewing such documentation.
3.4. Decision to Decline or Withdraw Services
We reserve the right to not provide, suspend, or withdraw access to any or all Services at our discretion, including (but not limited to) the following circumstances:
- where a Prescriber, Pharmacist, or Associate Practitioner determines that you are not clinically eligible or suitable for the Services;
- if you breach these Terms;
- if you indicate that you no longer wish to use the Services;
- if you appoint a Proxy and fail to provide satisfactory or otherwise valid evidence of their legal authority; or
- if your behaviour on the Platform or towards any member of our team (including Partner Prescribers, Partner Pharmacists, Partner Contributors, Associate Practitioners, or employees) is abusive, inappropriate, or otherwise unacceptable, as determined at our sole discretion, including by our Clinical Director
4. Access to and Use of the Platform
4.1. Changes to the Terms and Services
We may revise these Terms from time to time. Please check the Terms before each use of the Platforms to ensure you understand the current terms that apply. Changes to the Terms will not apply retrospectively and will not affect your rights and obligations before the effective date of the changes.
Additionally, we may update or change the content and features of the Platforms at any time, including to reflect changes in our services, user needs, business goals, or for operational or legal reasons.
Access to the Platforms is provided on a temporary basis..We may suspend or withdraw access temporarily or permanently. Where reasonably practicable, we will provide prior notice and instructions to allow you to access any ongoing prescriptions or critical services.
You are responsible for ensuring that all persons who access the Platforms through your internet connection are aware of these Terms and that they comply with them. Continued use of the Services constitutes acceptance of any changes.
4.3. Account Access and Use
You are responsible for ensuring that anyone accessing the Platforms via your internet connection is aware of these Terms and complies with them. You must not allow any other person to use your login credentials or impersonate you on the Platforms.
5. Registration and Account Security
5.1. Registration Requirements
5.1.1. To begin using Blume’s Services, you must first register by submitting an initial set of personal details and agreeing to our Terms and Conditions. This enables you to complete the required self-screening or intake assessment. A full user account (“Account”) will only be created once your payment is processed and you are approved for treatment, granting you access to the Platforms.
5.1.2. You must ensure all information provided during registration is accurate, complete, and up to date. If your personal information changes, it is your responsibility to update your Account details via your profile settings.
5.1.3. We reserve the right to refuse or terminate any Account registration at our discretion, including where the information provided is incomplete or misleading.
5.2. Account Security
5.2.1. You must treat your login credentials, including your username and password, as confidential. You must not disclose them to any third party.
5.2.2. We reserve the right to disable any Account or reset access if, in our reasonable opinion, you have failed to comply with these Terms.
5.2.3. If you suspect that your Account has been accessed without your permission, you must immediately notify us at support@blume-health.com and update your password.
6. Blume Services
6.1. Online Consultations and Prescriptions
6.1.1. You must provide accurate personal details and agree to these Terms and Conditions before you can access and complete the health self-screening questionnaire.
6.1.2. Before you order a prescription-only treatment, you will complete an online medical questionnaire. This will be reviewed by a licensed physician, who may ask additional questions before determining whether the treatment is clinically appropriate for you.
6.1.3. If the Partner Prescriber confirms suitability for treatment, a prescription will be issued and sent to a Partner Pharmacy for fulfilment. The Pharmacy is responsible for dispensing and delivering the medication to you in accordance with applicable regulations.
6.1.4. If you are found to be clinically unsuitable for treatment, you will be deemed ineligible to participate in our treatment subscription programme.
6.1.5. If additional information is required from you, a Partner Prescriber will send a message via the secure Blume messaging platform. You must respond within 10 days or your order will be declined and you will not be charged.
6.1.6. If you order a non-prescription product (e.g. supplements or wellness items), a medical consultation is not required. You will be charged at the point of placing the order.
6.1.7. The ability to receive repeat prescriptions or refills is determined solely by the Partner Prescriber, who is responsible for assessing your ongoing medical needs and suitability for treatment. Partner Prescribers must comply with applicable medical standards, professional guidelines, and legal requirements, which may limit the dosage, quantity, or frequency of medications that can be prescribed. As a result, receiving repeat orders or refills is not guaranteed and will be subject to the prescriber’s clinical evaluation and approval.
6.1.8. All medical communications must take place through the secure Blume messaging system. Our customer support email support@blume-health.com is for general service queries only and cannot be used for clinical discussions.
6.1.9. We reserve the right to reject any order at our discretion. If we cannot accept your order, we will notify you.
6.2. Patient Records
6.2.1. When you register, an electronic patient record will be created for you. This record may contain:
- a copy of these Terms and our Privacy Notice;
- your submitted questionnaires;
- clinical communications;
- personal details; and
- your order history.
6.2.2. In accordance with applicable German legal and clinical data retention requirements, Blume may retain your electronic patient records, including personal and health information, for a minimum of 10 years following your last consultation. Please refer to our Privacy Notice for further details.
7. Our Contract with You and the Online Consultation Process
7.1. Order Confirmation
Once you place an order, you will receive a confirmation message acknowledging receipt of your order. This does not yet form a contract.
7.2. Prescription-Only Medicines
7.2.1. Prescription-only medicine plans are offered on a treatment basis.
7.2.2. After you submit your health questionnaire, our clinical system will automatically assess your answers to determine whether you are eligible for treatment. If you are found to be clinically eligible, you will be directed to the checkout page to complete your order. Only after successful payment is your treatment plan finalised, your prescription generated, and your account created. A contract between you and Blume then comes into effect.
7.2.3. You will also receive an order number at this stage.
7.2.4. Prescriptions are sent securely and electronically to our partner pharmacy. Orders are typically dispatched the same or next working day.
7.2.5. If our medical personnel require additional information before proceeding, they will contact you. Your order will remain on hold until you respond. If no response is received within 10 days, your order will be cancelled and you will not be charged.
7.2.6. Treatment plans listed on the Platform are indicative only and subject to professional clinical review. If our medical personnel determine that a previously approved product or course of treatment is no longer clinically appropriate (due to changes in your health, medication tolerance, or other factors), we reserve the right to amend or discontinue the treatment. We will work with you to find an alternative plan where possible.
7.3. Other Products (Non-Prescription)
7.3.1. If you order a product that does not require a prescription (e.g. supplements or wellness products), an online consultation is not required. You will be charged at the time of placing your order and receive confirmation when the order is accepted.
8. Acceptable Use Policy
8.1. Responsible Use of the Platform
When using any part of the Blume Platforms that allow you to submit information, upload content, or interact with others, you warrant that you do so in a respectful, lawful, and honest manner. This includes completing medical questionnaires, messaging clinicians, participating in community spaces, and placing orders.
8.2. Use of Blume’s Health Services
8.2.1. Blume is a supplementary health service and does not replace your regular GP or primary healthcare provider. You are responsible for informing them of any medications or treatments received via Blume.
8.2.2. We are not liable for any harm or consequences resulting from:
- incomplete, false, or outdated information you provide to us,
- failure to follow medical advice or instructions, or
- failure to share treatment details with your regular healthcare provider.
Nothing in these Terms limits our liability for damages caused by gross negligence or intentional misconduct.
8.2.3. To receive clinical services or products from Blume, you must complete all health questionnaires truthfully, disclosing anything relevant to your health to the best of your knowledge.
8.2.4. You may only register once and may not submit information or make orders on behalf of another person.
8.2.5. You are responsible for understanding the questions you answer on our Platform. If unsure, consult your own doctor before proceeding.
8.2.6. If medication is prescribed, when receiving and before taking the medication, it is your responsibility to check that:
- the medicine received matches the one prescribed;
- the packaging is intact and undamaged, and it is safe to use; and
- to not take medication that appears incorrect or damaged. Please contact us if in doubt.
8.2.7. Always read medication labels and instructions carefully before use. Do not take any medicine past its expiry date.
8.2.8. You are responsible for storing medications safely and ensuring that no one else has access to them.
8.3. Standards for Uploaded Content
Any content you submit to the Platform must:
- be accurate and truthful in its entirety;
- comply with applicable laws;
- not contain any discriminatory, hateful, offensive, or defamatory material;
- not promote illegal activity or harm;
- not infringe on intellectual property or other legal rights;
- not impersonate anyone or misrepresent your identity; and
- not breach confidentiality, legal obligations, or contracts.
You confirm that anything you upload meets these standards and accept responsibility for any harm caused by breaching them.
8.4. Prohibited Uses
You must not use our Platform:
- in any way that breaches applicable law or regulation;
- for unlawful, misleading, or fraudulent activity;
- to harm or attempt to harm minors;
- to distribute spam or unauthorised advertisements; or
- to transmit viruses, malware, or other harmful code designed to damage systems.
8.5. Platform Integrity and Security
You agree not to:
- reproduce, copy, or resell any part of the Platform in violation of these Terms,
- access, damage, or interfere with:
- the Platform itself;
- the servers or networks it runs on; or
- any software used to provide the Service.
8.6. Content Ownership and Licensing
Any content you upload is considered non-confidential and non-proprietary. You retain ownership but grant us, our clinicians, and our pharmacy partners a limited licence to use, store, and share that content as necessary to provide our Services.
You are responsible for backing up any personal content you share or store on the Platform.
9. How We Use Your Personal Information
9.1. When you place an order with Blume, you will be required to provide personal information.
This information is used for the following purposes:
- to assess whether a prescription-only treatment is clinically appropriate, based on your submitted health data (such as age, weight, blood pressure, and questionnaire responses);
- to deliver products to you, using your shipping and contact details; and
- to process your payment, storing only the last four digits of your card for identification.
In the event that you have consented to receiving updates or information about related products or services you may unsubscribe from these communications at any time.
9.2. For full details on how we handle your personal data, please refer to our Privacy Policy, which explains how we collect, process, store, and protect your information. By using our Services, you consent to our handling of your data in accordance with this policy and confirm that all personal information you provide is accurate.
10. Subscription for Treatment
10.1. Certain prescription-only medicines are provided as part of a subscription for treatment. When you place an order and are approved for treatment, you agree to enter into a rolling monthly subscription for an initial period of 12 months, subject to ongoing clinical approval by our medical personnel.
10.2. By placing your order, you authorise us to charge your payment card on a recurring basis for the cost of your treatment as per your initial choice, beginning on the date your initial prescription is approved. This authorisation remains active until your subscription is cancelled by you or by us in accordance with this section.
10.3. Prior to the end of your subscription term, we will notify you by email that your subscription is due to expire and provide you with instructions on how to renew or modify your treatment plan.
10.4. Once your cancellation has been confirmed, no further payments will be charged, and no additional medication will be dispensed to you.
10.5.Refunds and Cancellation
10.5.1. You may cancel your subscription at any time by providing written notice. To avoid being charged for the following month’s supply, your cancellation notice must be received at least 14 calendar days before your next scheduled payment date. If we receive your cancellation notice fewer than 14 days before your next payment date, the cancellation will take effect the following month, and you will not be charged again thereafter.
10.5.2. If you cancel your order before medication has been dispatched, and you are otherwise eligible for the programme, we will deduct:
- an administrative fee;,
- a consultation fee; , and
- a prescription review fee
from your refund amount to cover professional and operational costs incurred up to that point.
10.5.3. If we are unable to accept your order for any reason (e.g. clinical ineligibility, stock limitations, pricing errors, or delivery issues), we will inform you and issue a full refund to the original payment method. Refunds may take up to 10 working days to appear in your account.
10.5.4. Orders are delivered within the United Kingdom only. We do not accept liability for onward delivery arranged by you or third parties outside our control.
10.5.5. Some transactions may be subject to Strong Customer Authentication (SCA) requirements depending on applicable regulations. If your original payment was processed without SCA, repeat transactions using the same payment method may also be exempt
10.6.Our Rights regarding Term and Termination
10.6.1. We reserve the right to terminate or cancel your subscription at any time by giving you reasonable notice. Reasons for cancellation may include (but are not limited to): clinical ineligibility, safety concerns, misuse of the platform, or failure to make payment.
10.6.2. Refunds will not be issued for any subscription payments relating to medication that has already been dispensed or shipped prior to cancellation confirmation.
10.6.3. In the event that a payment is marked as successful by our system or payment processor, but is later found to be unsuccessful, reversed, or disputed, you will remain liable for the outstanding amount.
10.6.4. Blume reserves the right to apply additional administrative charges for failed or reversed payments to cover handling and processing costs.
10.6.5. If payment remains outstanding after three payment reminders, your account may be referred to a debt collection agency of our choosing. You may also be liable for any external recovery fees or legal costs incurred in the process of collecting the unpaid amount.
10.6. The price of the products (including VAT, where applicable) will be clearly indicated on the order summary page at the time of placing your order. We take all reasonable care to ensure that the prices displayed are correct. However, if we discover an error in the price of the product(s) you have ordered, we will contact you to inform you of the error and provide you with the option to continue with the purchase at the correct price or cancel your order.
11. Referral Program Terms & Conditions
11.1. General Eligibility and Usage
11.1.1. The Blume Referral Program is available to existing customers who have made at least one completed purchase. Only verified customers are permitted to share referral codes.
11.1.2. Individuals who have not yet made a purchase may only be referred — they are not eligible to generate or share referral codes themselves.
11.1.3. Referral discount codes are valid only for new customers and can only be applied to first-time orders. They cannot be retroactively applied to orders that have already been placed or completed.
11.1.4. Referral codes are refreshed automatically every two weeks for security and misuse prevention purposes. Blume reserves the right to change this refresh interval at any time.
11.2. Limitations and Prohibited Use
11.2.1. You must not share, promote, or post your referral code on public websites, forums, or coupon platforms. Blume considers this a violation of the Referral Program and reserves the right to take appropriate action.
11.2.2. If your code is found online or misused, you will be held liable to repay the total amount of all discounts applied through your referral code. Additional penalties or removal from the program may apply.
11.2.3. Referral codes must be used fairly and within the spirit of the program. You must not:
- create multiple accounts for the purpose of self-referral or discount abuse;
- reuse the same phone number, billing/shipping information, or payment method across multiple accounts; and/or
- impersonate or refer yourself under a different identity.
Blume reserves the right to verify referral activity and cancel any orders or credits obtained through fraudulent means.
11.3. Credits and Rewards
11.3.1. Referrers may receive Blume credits when a referral successfully places their first order using the referral code.
11.3.2. Blume credits:
- can only be redeemed toward future Blume purchases;
- cannot be exchanged for cash, refunded, or transferred to another person or account.
11.3.3. Credits may have expiration dates or usage limits. Blume reserves the right to adjust, pause, or cancel the referral program or its rewards at any time without prior notice.
13. Our Service
13.1. Product images and descriptions shown on our website or digital platforms are for illustrative purposes only. Actual packaging, branding, or appearance may vary depending on supply and clinical decisions.
13.2. All products and treatments are subject to availability. We reserve the right to substitute or remove products as necessary without prior notice.
13.3. Before using any product, you must carefully read and follow all accompanying materials, including:
- the dispensing label;
- the patient information leaflet (PIL); and
- any manufacturer or prescriber instructions.
Failure to follow this guidance is done at your own risk.
13.4. If you experience significant or unexpected side effects while using a product, you should immediately stop taking it, notify your GP and seek medical advice from a qualified healthcare professional before continuing treatment.
13.5. In some cases, we may de-blister or repackage medications into alternative formats to support ease of use, treatment adherence, or clinical protocol. You acknowledge that:
- this may reduce the product’s shelf life;
- you must not take any medication beyond its stated expiry date.
13.6. From time to time, you may be prescribed a specially formulated unlicensed preparation, also known as a "special." These are medications made to meet specific patient needs where no licensed alternative is suitable. Such products are:
- manufactured by licensed, regulated facilities in accordance with EU Good Manufacturing Practice (GMP); and
- made using EU-sourced, quality-controlled ingredients.
13.7. If you are prescribed an unlicensed special, you agree to:
- follow all instructions on the dispensing label;
- read and comply with any accompanying documentation; and
- contact our clinical team if you have questions, concerns, or experience any adverse effects.
14. Your Right to Make Changes
14.1. If you would like to make a change to your order, please contact us as soon as possible.
14.2. If the change is possible, we will notify you of any resulting impact on pricing, delivery timelines, or other aspects of your order. You can then decide whether to proceed.
15. Delivery and Provision of Services
15.1. Delivery charges are set out on our website and may vary by product and location.
15.2. During the order process, we will confirm or provide an estimated delivery date.
15.3. You explicitly agree that:
- a signature is not required upon delivery;
- products may be delivered through the letterbox at your provided address; and
- there are no animals or young children residing at the provided address by you, who can access the delivery.
15.4. If delivery cannot be completed, you explicitly agree the courier may:
- leave a note with re-delivery instructions;
- deliver to a neighbour;
- or take the parcel to a depot for collection.
15.5. If our ability to supply products is delayed by circumstances beyond our control, we will notify you. However, we are not liable for such delays.
Late Delivery
15.6. You may treat the contract as cancelled if:
- we have refused delivery; or
- you specified a definite delivery time before placing your order and we missed that deadline.
15.7. If you do not cancel but want to set a new delivery deadline, you may do so.
15.8. If you cancel under this section and the products have already been delivered, you must return them to us within 30 days, or allow us to collect them. We will cover return shipping costs.
Ownership and Responsibility
15.9. You are responsible for the products once they have been delivered to your address or collected. Ownership transfers once full payment has been received and your order has been accepted.
16. Suspending or Changing the Contract
16.1. We may suspend the supply of products temporarily to:
- resolve technical issues; or
- implement changes required by law or regulation.
16.2. If suspension lasts longer than 30 days, you may cancel and receive a refund for any undelivered items.
16.3. From time to time, we may update or modify the terms of your subscription. You will be notified in advance. If you do not accept the changes, you may cancel the subscription and receive a refund for any future undelivered products.
17. Written Communication
17.1. Applicable law requires that certain information or communications we send to you must be in writing. When using our Platforms, you agree that communication with us will be primarily electronic.
17.2. We will contact you by email or provide information by posting notices on our website or in your account area. You agree to this method of communication and acknowledge that all contracts, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
17.3. This condition does not affect your statutory rights.
18. Our Responsibility for Loss or Damage Suffered by You
18.1. We supply our products for domestic and private use only. If you use the products for any commercial, business, or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.2. Subject to clause 18.4, our maximum liability to you in respect of any order, whether in contract, tort, or otherwise, shall not exceed the total amount you paid for the products in that order. Nothing in these Terms limits or excludes our liability where it would be unlawful to do so, including as set out in clause 18.4. .
18.3. We will not be responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
18.4. Nothing in these Terms excludes or limits our liability to you where it would be unlawful to do so. This includes liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of your statutory rights in relation to the products, including your right to receive products that are: as described, of satisfactory quality, fit for purpose, and supplied with reasonable care and skill.
19. Jurisdiction and Applicable Law
19.1. These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of Germany, without regard to conflict of law principles.
19.2. If you are a consumer, you may bring proceedings in the German courts. If you reside in another EU or EEA member state, you may also be entitled to bring proceedings in your country of residence under applicable consumer protection laws and jurisdictional rules.
19.3. If you are a business user, you agree that the courts of Germany shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter.
20. Other Important Terms
20.1. These Terms and any documents expressly referred to in them constitute the entire agreement between you and us regarding your use of the Blume Platforms and Services. They supersede any prior agreements, discussions, or communications.
20.2. We may transfer our rights and obligations under these Terms to another organisation. We will always inform you in writing if this happens, and we will ensure that the transfer will not affect your rights under the contract. You may not transfer any of your rights or obligations under this Agreement to any third party.
20.3. Each of the paragraphs in these Terms operates separately. If any part of these Terms is found to be unlawful or unenforceable by a court, the remaining sections will remain in full force and effect.
20.4. If we do not enforce any part of these Terms, or delay doing so, this does not mean that we have waived our right to enforce that part or any other part of the Terms at a later date.