Welcome to Blu-Asia.com,
a website owned and operated by Deluge Media. These Terms
of Use govern your use of the Blu-Asia.com website. By visiting
or shopping at the Blu-Asia.com website, you agree to be bound
by these Terms of Use, as well as the other policies posted
on the Blu-Asia.com website.
Use of the Site
Blu-Asia.com grants you a limited, non-exclusive,
revocable license to access and make non-commercial use of
the Site and not to download (other than page caching) or
modify the Site, or any portion of the Site, except with express
written consent of Blu-Asia.com. Blu-Asia.com also grants
you a limited, non-exclusive, revocable right to create and
display a hyperlink to the home page of Blu-Asia.com so long
as the link does not portray Blu-Asia.com, its affiliates,
or their products or services in a false, misleading, derogatory,
or otherwise offensive matter.
Termination of Access
You agree that Blu-Asia.com may, in its sole discretion
and without prior notice to you, terminate or suspend your
access to all or any part of the Site and your “My Account”.
YOU AGREE THAT Blu-Asia.com WILL NOT BE LIABLE TO YOU OR TO
ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.
IMPORTANT NOTICE: CUSTOMS ISSUES AND REGIONAL INTELLECTUAL
PROPERTY RIGHTS
Blu-Asia.com’s customers are located in various
parts of the world. As a result, it is impossible for Blu-Asia.com
to confirm whether import and sale of any of these products
may conflict with local exclusive distribution rights in effect
from time to time or otherwise constitute a violation of local
law.
Blu-Asia.com MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS
IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN
OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE
IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED
STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS
AND LOCAL COPYRIGHT AND TRADEMARK RIGHTS.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH
PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE
LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED Blu-Asia.com
TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED
THE SOLE “IMPORTER” OF THE PRODUCT TO YOUR COUNTRY
FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS AND COPYRIGHT
AND TRADEMARK LAWS.
Payment for Products Purchased Through the Site
A variety of payment methods are offered on the Site
for the convenience of customers. You agree to pay all fees
incurred in connection with your purchases at the rates in
effect when the charges were incurred.
If you pay by credit card, your card issuer agreement governs
your use of your card, and you must refer to that agreement
and not these Terms of Use to determine your rights and liabilities
as a cardholder. YOU, AND NOT Blu-Asia.com, ARE RESPONSIBLE
FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT
CARD BY A THIRD PARTY. You agree to pay all fees and charges
incurred in connection with your purchases (including any
applicable taxes) at the rates in effect when the charges
were incurred. Unless you notify Blu-Asia.com of any discrepancies
within sixty (30) days after they first appear on your credit
card statement, you agree that they will be deemed accepted
by you in all respects and for all purposes. If Blu-Asia.com
does not receive payment from your credit card issuer or its
agent, you agree to pay all amounts due upon demand by Blu-Asia.com
or its agents.
If you pay by PayPal®, the User Agreement for PayPal Service
governs your use of that service, and you must refer to that
agreement and not these Terms of Use to determine your rights
and liabilities as a PayPal member. YOU, AND NOT Blu-Asia.com,
ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED
TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY. You agree to pay
all fees and charges incurred in connection with your purchases
(including any applicable taxes) at the rates in effect when
the charges were incurred. Unless you notify Blu-Asia.com
of any discrepancies within sixty (30) days after you first
receive notice thereof, you agree that they will be deemed
accepted by you in all respects and for all purposes. If Blu-Asia.com
does not receive payment from your credit card issuer or its
agent, you agree to pay all amounts due upon demand by Blu-Asia.com
or its agents.
Unless expressly set forth on the Site, we do not accept any
other payment form. If we offer or accept any other form of
payment, you hereby agree to all restrictions, terms and conditions
associated with such additional form of payment.
Taxes
You are responsible for paying any governmental taxes
imposed on your purchases, including, but not limited to,
sales, use or value-added taxes. Blu-Asia.com will automatically
charge and withhold any applicable tax for orders to be delivered
to any jurisdictions that it deems is required. International
orders may also be subject to custom and/or import taxes;
please contact your local offices to find out more.
Currencies
All transactions conducted by or with Blu-Asia.com,
including sales of items shown on the Site, issuance of gift
certificates and credit for returned merchandise, are made
in US Dollars.
Payment made by credit card or PayPal® in a currency other
than US Dollars will be converted to US Dollars at the exchange
rate determined by your credit card issuer or PayPal. Please
consult your credit card issuer agreement or the User Agreement
for PayPal Service for information regarding the determination
of exchange rates by them. These exchange rates may include
a “spread,” or amount payable to PayPal or the
credit card issuer, which will result in the actual price
paid being higher than the posted US Dollar price.
NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES
IN CURRENCY RATES.
In no event will Blu-Asia.com be liable for fees or charges
payable in connection with currency exchange or for any losses
incurred as a result of fluctuations in currency exchange
rates.
Product Descriptions and Prices
Products shown on the Site may contain descriptions
that are provided directly by the publisher, manufacturer
or distributor of such products. Blu-Asia.com does not represent
or warrant that the descriptions of any products shown on
the Site are accurate or complete. IF A USER PURCHASES A PRODUCT
FROM Blu-Asia.com THAT IS NOT AS DESCRIBED ON THE SITE, THE
USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN
SUCH PRODUCT IN UNUSED CONDITION FOR Blu-Asia.com CREDIT IN
THE AMOUNT OF THE PURCHASE PRICE.
We have made every effort to display the colors of products
on the Site as accurately as possible. However, as the actual
colors you see will depend on your monitor we cannot guarantee
that your monitor’s display of any color will be accurate.
We cannot confirm the price of a product until you order.
It is possible that the price for a product may increase or
decrease between the time that the product is placed in a
shopping cart and the time the purchase is actually made.
Also, despite our best efforts, a small number of the products
on the Site may display incorrect prices. If the price for
the product on the Site is incorrect and is actually higher
than the price provided at the time of purchase, then, at
the sole discretion of Blu-Asia.com, Blu-Asia.com may either
(a) contact you for instructions before shipping the product
or charging you for such product, or (b) cancel the order
for such product and notify you of such cancellation.
Blu-Asia.com will have the right to cancel any orders for
products that have been listed at an incorrect price, rebate
or refund, or contain other incorrect information or typographical
errors or are unavailable for any reason. Blu-Asia.com will
have this right regardless of whether the order has been confirmed
or your credit card has been charged. If your credit card
has already been charged for the purchase and your order is
cancelled, Blu-Asia.com will immediately issue a credit to
your credit card in the amount of the charge.
Price Comparisons and “Save” Amounts
Price comparisons may be made throughout the site
to indicate the relative savings amounts of our pricing. Amounts
shown as “Save” reflect the difference between
the sale price and our normal price, or “list”
price, for a given product. However, we make no representation
that a substantial number of these products have been sold
or made available for sale at the list price.
Returns
Blu-Asia.com accepts returns of most defective products
or products damaged in shipping in accordance with our Refund
Policy.
Privacy and Security
Please review our Privacy
Policy, which also governs your visit to the Site, to
understand our practices with respect to usage and handling
of user information.
Your Account
You are responsible for maintaining the confidentiality
of your account and password for the Site, and agree to accept
responsibility for all activities that occur under your account
or password. You agree to notify Blu-Asia.com immediately
of any unauthorized use of your account or password, or any
other breach of security. You may not use anyone else’s
account or password at any time. You may not attempt to gain
unauthorized access to the Site. You agree to provide us with
accurate, current and complete information about yourself
and your billing information as prompted in the registration
process. You may update your “My Account” information
by clicking on the “My Account” link on the Site.
Age of Users
Blu-Asia.com does not intend the Site to be viewed or used
by individuals under the age of 18 (“minors”)
without the supervision of a parent or guardian 18 years of
age or older. Blu-Asia.com relies upon parents or guardians
to determine if any content or items available on the Site
are appropriate for the viewing, access or purchase by minors.
If a user is a minor, such minor may use the Site only under
the supervision of parent or guardian.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY Blu-Asia.com ON AN “AS-IS”
AND “AS-AVAILABLE” BASIS. Blu-Asia.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
OR MATERIALS INCLUDED ON THE SITE. Blu-Asia.com DOES NOT WARRANT
THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM Blu-Asia.com
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Blu-Asia.com
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY
AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Standards & Accuracy
Blu-Asia.com uses reasonable care to ensure the content
of this website is accurate and up to date. Blu-Asia.com does
not guarantee the comprehensiveness, accuracy, suitability,
currency or adequacy of this information on the website and
disclaims all liability arising from its use.
Blu-Asia.com does not guarantee or warrant
the accuracy of any information, content or materials in this
site, and by using this site you assume the information it
contains may be incompatible with your requirements. Blu-Asia.com shall not be liable for any losses as a result
of reliance on information provided. The content of this web
site may be changed at any time without notice
Complete Agreement
These Terms of Use, together with any other policies posted
on the Site from time to time, constitute the complete agreement
between the parties and supersede all prior agreements or
representations between them.
Indemnification
You agree to defend, indemnify and hold harmless Blu-Asia.com
and its affiliates from and against any and all claims, damages,
costs and expenses, including attorneys’ fees, arising
from or related to your use of the Site.
Modification to Terms of Use
Blu-Asia.com reserves the right, at its sole discretion,
to change, add or remove portions of these Terms of Use at
any time. It is your responsibility to check these Terms of
Use each time before using the Site. Your continued use of
the Site following the posting of changes will mean that you
accept and agree to the changes. You agree that all subsequent
purchases by you will be subject to the terms and conditions
of these Terms of Use, which shall apply until we post a modified
Terms of Use and then in accordance with such modified Terms
of Use.
|