New and Blue Enterprises Inc.
Terms and Condtions
Welcome to the terms and conditions page for New and Blue Enterprises, Inc. ("New and Blue") and its family of websites. New and Blue and its affiliates provide their services to you subject to the following conditions. If you visit or purchase at NewandBlue.com or one of its affiliated sites, you accept these conditions. Please read them carefully. In addition, when you use any current or future New and Blue service or visit or purchase from any business affiliated with New and Blue, whether or not included in the NewandBlue.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
Please review our Privacy Notice, which also governs your visit to NewandBlue.com and its family of websites.
When you visit NewandBlue.com or its family of websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of New and Blue or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of New and Blue and protected by U.S. and international copyright laws. All software used on this site is the property of New and Blue or its software suppliers and protected by United States and international copyright laws. Please review New and Blue's copyright policy for more detailed information.
NEW AND BLUE ENTERPRISES, INC. and NEWANDBLUE.COM, and other marks indicated on our site are trademarks of New and Blue Enterprises, Inc. in the United States and other countries. New and Blue's trademarks and trade dress may not be used in connection with any product or service that is not New and Blue, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits New and Blue Enterprises, Inc. All other trademarks not owned by New and Blue Enterprises, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by New and Blue Enterprises, Inc.
LICENSE AND SITE ACCESS
New and Blue Enterprises, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of New and Blue. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of New and Blue. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NewandBlue.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing New and Blue's name or trademarks without the express written consent of New and Blue Enterprises, Inc.. Any unauthorized use terminates the permission or license granted by New and Blue Enterprises, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NewandBlue.com so long as the link does not portray New and Blue, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NewandBlue.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. New and Blue does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use New and Blue only with involvement of a parent or guardian. New and Blue and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. New and Blue reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant New and Blue and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant New and Blue and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify New and Blue or its affiliates for all claims resulting from content you supply. New and Blue has the right but not the obligation to monitor and edit or remove any activity or content. New and Blue takes no responsibility and assumes no liability for any content posted by you or any third party.
New and Blue and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email admin@NewandBlue.com.
RISK OF LOSS
All items purchased from New and Blue are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
New and Blue and its affiliates attempt to be as accurate as possible. However, New and Blue does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by New and Blue itself is not as described, your sole remedy is to return it in unused condition. Personalized items cannot be returned for any reason.
With respect to items sold by New and Blue.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mis-priced. If we discover a mis-pricing, we will do one of the following:
• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• 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.
Please note that this policy applies only to products sold and shipped by New and Blue.
New and Blue.com displays many items on its website that are only available to purchase via partnership sites. Prices on our partnership site may change suddenly and without notice. We regret any inconvenience this may cause. New and Blue makes every effort to accurately list the correct price but some items may change before corrections can be made.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY NEW AND BLUE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEW AND BLUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEW AND BLUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEW AND BLUE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NEW AND BLUE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEW AND BLUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting NewandBlue.com, or purchasing products from or otherwise doing business with New and Blue Enterprises, Inc., you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and New and Blue Enterprises, Inc. or its affiliates.
New and Blue Enterprises, Inc. will not return any personalized merchandise. Most other products may be returned in new condition. You must contact New and Blue prior to returning any items. Some products will require receipt of a valid RMA number that must be shipped with the returned items. This number will be provided by a New and Blue service representative. All return products will be subject to a 15% re-stocking fee. This fee cannot be waived. You will be responsible for all shipping and packing charges to return or exchange the items. Missing or damaged items will not be credited. Returned items will also be deducted from the original invoice and all discounts, coupons, and special pricing will be adjusted to the original, non-sale price. You will be responsible to contact New and Blue with a valid tracking number after you have returned your merchandise. Lost items will not be credited. You must ship your order via a shipping source that tracks packages and you will be responsible to insure the package in case it is lost or damaged. New and Blue will not be responsible for lost or damaged items that are returned by our customers. All items that have been returned in new condition by the correct return procedure will be credited, minus 15% and any other discounts, within 7 business days of return delivery at our facility. The credit will be applied to the same payment method that was used to place the order.
New and Blue Enterprises, Inc. accepts re-orders for additional products as long as the product is available and in-stock. All re-ordered items should be placed via our telephone customer service department. Re-ordered items will be charged the same unit price as the original order but product quantity minimums and shipping charges will still apply. RE-ORDERED ITEMS WILL NOT BE ELIGIBLE FOR PRICING DISCOUNTS OR SPECIAL PROMOTIONS UNLESS THE SECOND ORDER QUALIFIES BY ITSELF. i.e. An original order of 100 widgets at $1.00/unit that qualified for free shipping may be re-ordered for $1.00/unit. However, the minimum order of that product must be ordered and shipping charges WILL APPLY if the second order does not meet the necessary minimum. No exceptions. The second order cost will never be added on to the original invoice and special discounts and quantity pricing will not be applied after the fact. It is always best to order the required number of products on your original order.
Any dispute relating in any way to your visit to NewandBlue.com or to products you purchase from New and Blue shall be submitted to confidential arbitration in Vancouver, Washington, except that, to the extent you have in any manner violated or threatened to violate New and Blue's intellectual property rights, New and Blue may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
New and Blue Enterprises, Inc.
210 W 11th St.
Vancouver, WA 98660
Our company reserves the right to change or modify the Terms and Conditions without prior notice.