Effective Date: May 1, 2018
Updated Date: November 15, 2019
Updated Date: November 15, 2019
Terms and Conditions of Sale
(applies to all purchases from the adamsmithbranding.com web store)
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions (“Purchase Terms & Conditions”) apply to your purchase of products and services, including without limitation merchandise, access to our Hosted Content (defined below), Digital Content (defined below), and other products and services (“Product”) sold by BLUE CREATIONS (“we”, “our”, or “us”) from our online store with a homepage located at www.bluecreationsart.com (the “Site”).
1. Eligibility. By placing an order, you represent and warrant that you have read these Purchase Terms & Conditions, are at least eighteen (18) years of age, and you agree to be bound by these Purchase Terms & Conditions. If you are not at least eighteen (18) years of age, or do not wish to be bound by these Purchase Terms & Conditions, you are not authorized to place an order.
2. Digital Content; Hosted Content.
a. The Site offers downloads of digitized versions of audio recordings, artwork, and information related to such recordings, and other content (individually and collectively, “Digital Content”). The Site also offers access to and use of certain online services via the Site, including without limitation, online courses and related course materials (“Hosted Content”).
e. Unique Identifiers. Digital Content may include unique identifiers that are specific to you or your purchase (“Unique Identifiers”). You may not modify, reverse engineer, decompile or disassemble or otherwise tamper with the Unique Identifiers.
f. Reservation of Rights. Except for the rights explicitly granted to you in these Purchase Terms & Conditions, all right, title, and interest in the Digital Content and Hosted Content are reserved and retained by us, and our licensors. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content, and you do not acquire any ownership rights in the Hosted Content as a result of accessing and using the Hosted Content.
a. Purchases. In the event you wish to purchase Product, you will be asked by us, or an authorized third party on our behalf, to supply certain information such as your full name, address and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete and current information, and to comply with these Purchase Terms & Conditions. You shall be responsible for all charges made in your Product order as well any applicable taxes. We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per address or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
b. Payment. Terms of payment are within BLUE CREATIONS’s sole discretion, and unless otherwise agreed by BLUE CREATIONS, payment must be received by BLUE CREATIONS prior to BLUE CREATIONS’s acceptance of an order. Your right to any available Product (including Hosted Content) is conditional on our receipt of the appropriate payment for such Product in advance. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order. For physical Product, we do not charge your credit card until after your order has entered the shipping process.
c. Product Descriptions; Pricing. We attempt to be as accurate as possible in describing Product (including pricing) offered for purchase; however, we do not represent or warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted). If physical Product offered on the Site is not as described, your sole remedy is to return it in unused condition. Despite our best efforts, a small number of the items on the Site may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
d. Shipping. Please allow up to ten (10) business days for delivery, depending on shipping method, to locations inside the United States of America (50 States and the District of Columbia).
e. Access to Purchased Hosted Content and Digital Content. After registering an Account and completing your purchase of Hosted Content, please allow up to 24 hours for such Hosted Content to appear in your Account. After purchasing Digital Content, please allow up to 24 hours for us to transmit an e-mail confirmation to you that includes a link to such Digital Content.
f. Return and Cancellation Policy. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download, please contact BLUE CREATIONS’s customer service group at the address specified below. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content and certain Hosted Content from the Service without notice. If within 72 hours of our acceptance of your order for Hosted Content, you send written notice to us at email@example.com that the Hosted Content did not meet your expectations and request a refund, your right to access and use the Hosted Content will terminate and you will be eligible to receive a refund of the purchase price for such Hosted Content. After the expiration of the 72 hour period, purchased Hosted Content that is payable in monthly installments (if applicable) may be cancelled by sending notice of your cancellation to firstname.lastname@example.org. If you cancel your subscription (if applicable) to Hosted Content as set forth in the previous sentence, your right to access and use the Hosted Content will terminate and you will receive no refund; however, your obligation to pre-pay for future months of your subscription to Hosted Content will terminate. To be eligible for a refund in connection with any other Product (e.g., physical merchandise) purchased via the Site, the applicable Product must be returned to us in its original packaging, in unused condition, and accompanied by the relevant packing slip or receipt within fourteen (14) days from the date of purchase.
h. Product Availability. All Product orders are subject to availability.
i. Order Questions. For any inquiries regarding Product orders, please contact us via e-mail at email@example.com. If we have any questions about your order, you agree that we may contact you by phone, mail or email.
j. No Resale. You acknowledge and agree that no Product may be directly or indirectly repackaged or resold or sublicensed or rented by you, unless specifically agreed otherwise by us in writing.
k. Risk of Loss. Risk of loss and title for the physical Product purchased from the Site pass to you upon our delivery to the carrier. For purposes of clarity, ownership of the intellectual property in the Product remains at all times with BLUE CREATIONS, subject to the limited licenses granted to you herein.
5. Disclaimer of Warranties. Without limiting the Disclaimer of Warranties in our Terms of Service, Product is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, BLUE CREATIONS disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, availability, quality and non-infringement. BLUE CREATIONS does not warrant or make any representations regarding the use or the results of the use of Product in terms of its correctness, accuracy, reliability, quality, or otherwise. Product could include technical inaccuracies or typographical errors. Product could be inaccurate or become inaccurate as a result of future developments. BLUE CREATIONS undertakes no obligation to verify or maintain the currency of such information. BLUE CREATIONS makes no representation or warranty that Product will be error free or that all errors will be corrected. IF YOU ARE LOCATED IN NEW JERSEY, YOU (I) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE A PRODUCT; (II) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (III) EXPRESSLY AGREE TO RELEASE AND DISCHARGE US , AND OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF ANY PRODUCTS; AND (IV) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST US FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON OUR PART AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
8. Third Party Beneficiary. Third party Digital Content and Hosted Content copyright owners, if any, are intended third-party beneficiaries under these Purchase Terms & Conditions and may enforce these Purchase Terms & Conditions against you and invoke all rights hereunder including limitations of liability.
9. Contact Us. If you have any questions or concerns regarding your order or Product, please contact us by e-mail at firstname.lastname@example.org or write to us at Adam Smith, 1010 Heron Ridge Avenue, Port Orchard, WA 98366.