blu TERMS AND CONDITIONS OF WEBSITE USE AND SALE OF blu PRODUCTS
Terms and Conditions of Your Use of This Website
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY CEASE USE OF THIS WEBSITE.
This Website and Your blu.com Account
This Website is intended only for use by adults aged 18 and older. If you create a blu.com account, you are responsible for maintaining the confidentiality of your account and password. You further acknowledge and agree that you must be of legal smoking age to purchase or consume any of blu’s products or to participate in any of our promotions or other offers on this Website or otherwise.
Although this Website may be linked to other Websites, blu eCigs does not endorse, approve, certify or sponsor the linked Website unless specifically stated therein. blu eCigs is not the owner of, does not control and is not responsible for any content of any Website linked to this Website. Your linking to other Websites is at your own risk.
This Website has been designed to comply with United States law. blu eCigs does not represent that the content of this Website is appropriate for locations outside the United States. If you access this Website from locations outside the United States, you are responsible for complying with all applicable local laws.
Trademarks and Copyright
The copyrights to all contents of this Website are proprietary to blu eCigs or its third party licensors, and you may not reproduce, post on any other Website, modify, distribute or transmit any portion of this Website without the express written consent of blu eCigs. Any name, logo, trademark or service mark contained on this Website is owned or licensed by blu eCigs and may not be used by you without the prior written consent of blu eCigs. You may access this Website for your individual non-commercial use only.
Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not post or transmit to this Website any content that is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights. blu eCigs assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, profanity or misrepresentation.
Any material or communication transmitted by you to this Website will not be treated as confidential. Any ideas, concepts, or other materials transmitted by you to blu eCigs may be used by blu eCigs in any manner, including reproduction, transmission, publication or broadcast without compensation.
Accuracy of Content
Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, blu eCigs makes no warranties as to its accuracy.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BLU ECIGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANYKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE WEBSITE IS NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
IN NO EVENT SHALL BLU ECIGS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
blu reserves the right to deactivate, disable and remove any suspicious or fraudulent account with or without notice. You are responsible for providing all accurate account information and preventing unauthorized use of your blu account. You are entitled to refunds, reimbursements, credits, and exchanges for any portion of your account balance only at the discretion of blu and only if a request for such a reimbursement has been made by you.
blu reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products offered; (c) change or update information in connection with any products offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers. It is your duty to ensure the contact information you provided is up to date and accurate.
If your payment method has already been charged for an order that is later modified or cancelled, blu shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.
Modification of These Terms
We reserve the right, at our complete discretion, to change these Terms and Conditions at any time for any reason, without notice or obligation. By entering this Website, you will be bound by any such revisions we make to the Terms and Conditions. Your continued use of this Website following the posting of changes to the terms or other policies means that you acknowledge and accept the changes.
We attempt to be as accurate as possible when posting content. We do not warrant that product descriptions or other content is accurate, complete, reliable, current or error-free.
Except where noted otherwise, the prices displayed for blu eCigs products represent the full retail price listed on the product itself. We cannot confirm the price of an item until you complete an online order form; however, we do not charge your credit card until after your order has entered the shipping process.
Purchases by Minnesota Residents
Minnesota residents may be required by the Minnesota Department of Revenue to pay additional taxes and fees due as a result of their purchases from blu eCigs.
We stand behind the quality of our product and guarantee to the original purchaser that our products shall be free from defects in material and workmanship for a period of one year from the original purchase date. This warranty applies to the products under normal use and is subject to all product usage documentation. In the event you need to exchange your blu pack, battery, or charger, simply complete our online Replacement Merchandise Authorization (RMA) form; if you don’t have a blu.com account, you’ll be asked to set one up. If your product needs to be returned to us, we’ll send a prepaid envelope for shipping. Your replacement product typically leaves our warehouse within two (2) business days of the approval of your return. Your request must be received within one year from the original purchase date. We reserve the right to refuse any exchange request that does not meet these requirements. All sales are final. Flavor cartridges and disposable products are NOT eligible for replacement or exchange.
You may cancel your order for up to one (1) hour from the time you placed your online order by calling our customer service department at 888-207-4588.
Cancellation of Orders
We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information.
If any provision of these Terms and Conditions shall be deemed unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from these Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.
How to Contact Us
If you have any questions or comments about the Terms and Conditions of this Website, please click here or write to us at:
Attn: Customer Service
Fontem US, Inc.
10901 South Commerce Blvd. Suite B
Charlotte, NC 28273