Terms of service

Terms of Use  The information contained within this document relates to the bláth USA's online store, trading under BLATH USA Inc. Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.

Definitions and Application  1. In these Terms of Trade, "bláth" means BLATH USA Inc. trading as bláth, 'you' means the organization or individual who is ordering product on the website, and the "Products" means the bláth products which may be ordered on the website. 2. These Terms of Trade apply to any purchase of any Products by you from this website which are delivered in the United States or Canada.

Shipping costs and deliveries We aim to deliver “products” to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we can’t guarantee firm delivery dates or times. Orders 1. To submit an order for Products (Order), you must: a. create an account with bláth on this website by registering your details and creating an username and password; and b. complete and submit the online order through your bláth account.

2. bláth reserves the right to refuse any Order. In such case,  v will notify you as soon as reasonably practicable and refund to you any payment in full.

3. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; bláth reserves the right to take legal action against unauthorized and unofficial sale of goods.

Prices and Payment 1. All prices on the website are in US dollars and do not include applicable sales taxes. The total cost including any applicable taxes will be displayed during check-out, once you have selected your billing and shipping address. Prices are subject to change without notice.

2. The amount payable to bláth for an Order (Order Amount) will be the total of the following amounts: a. the sum of the price of each Product ordered as indicated on the website at the time of submitting the Order (Product Subtotal); b. the cost of delivery determined in accordance with Delivery stated above, and c. the sum of any other fees which bláth levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).

3. You must pay the Order Amount by credit card at the time of submitting the Order. bláth accepts Visa, Mastercard, or American Express.

Liability  1. Without limiting bláth's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, bláth reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment: a. withhold supply and dispose of the Products requested in the Order, and/or b. refuse to deal further with you, and bláth will not be liable to you for any loss or damage directly or indirectly resulting from any such action. 2. Subject to clauses 8.2 and 8.3 and to the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.

3. Subject to the following "No Warranty" clauses and to the fullest extent permitted by bláth for any loss or damage suffered by you as a result of bláth breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.

No Warranty 1. Subject to the following clauses and to the fullest extent permitted by law, bláth gives no warranty in respect of the Products.

2. For consumers the Products come with non-excludable warranties and guarantees under consumer protection legislation, such as that bláth is the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If bláth breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss.

3. You may also have express rights of action against bláth under consumer protection legislation if bláth supplied defective Products to you that cause you injury, loss or damage.

Refunds and Returns Only items purchased on the bláth website can be returned to bláth for refund or exchange. Items purchased in a department store, specialty retailer or elsewhere must be returned to their original point of purchase. Should you make an error when ordering online, bláth will gladly exchange your item for the item you intended to purchase. The returned item must be unopened and in its original sellable condition. You are responsible for the shipping and additional postage charges. In the unfortunate event that you react to a product, you have the option of exchanging or refunding it. All items must be returned to bláth,  The customer is responsible for the shipping costs incurred when sending the items back to bláth In the United States, the shipping charge of USD7.50 will be payable if the subsequent refund reduces the original order amount to below the free shipping threshold of USD100. Should an item be damaged while it is being shipped to you by us, bláth will provide you with a full refund or exchange. Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment. In all cases, original proof of purchase must be provided and products must be returned within 14 days of receipt for bláth to process any refund or exchange. Please email to info@blath.us in advance of your intentions to return or exchange a product, so that bláth staff can assist you with a smooth transaction. Please retain your postal receipt from the shipping carrier until you are certain your parcel has been safely received by bláth. We may need to see this if we fail to receive your package. We will do our best to process returns within 5-10 business days of receipt and a reimbursement will be issued in the original form of payment.

Force Majeure If bláth is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, bláth will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.

Sales Tax 1. Where bláth makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include Sales Tax, bláth will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any Sales Tax on the Taxable Supply.

Indemnification You agree to defend, indemnify and hold us and our officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensors, and successors in interest (“Indemnified Parties”) harmless from any and all losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys’ fees, court costs, damages awards, and settlement amounts), resulting from any third party claim, action, or demand relating to: (a) your use of or access to any Product; (b) Your Content; (c) your breach of any representation, warranty, or other provision of these Terms; (d) your violation of any applicable law, rule or regulation; (e) your willful misconduct; or (f) any other party’s access and use of our Products with your unique username, password or other appropriate security code. We will provide you notice of any such claim or allegation, and we reserve the right to participate in the defense of any such claim at our own expense.

Intellectual Property 1. We retain all right, title and interest, including, without limitation, all Intellectual Property Rights (as defined below), in and to the Products and any additions, improvements, updates and modifications thereto. bláth’s name, logo and all product and service names associated with the Products are trademarks of bláth and its licensors and providers and you are granted no right or license to use them. For purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, and contract rights. You receive no ownership interest in or to the Products and, except for the limited rights and licenses granted under these Terms, you are not granted any right or license to use, reproduce, duplicate, copy, sell, resell, access, modify, or otherwise exploit, in whole or in part, any Products for any purpose without our express, prior written consent.

2. Any submissions by you to us, such as comments, questions, suggestions, materials (collectively, “Feedback”) through any communication including through the Site, email or over the phone will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

General 1. If any provision of these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavors to negotiate a suitable substitute provision).

2. Subject to clauses 8.2 and 8.3 and to the fullest extent permitted by law, these Terms of Trade together with the Order (as accepted by bláth), the Legal Notice on the website and bláth's Privacy Policy constitute the whole agreement between the parties and supersede all prior discussions and agreements between them.

3. Orders and these Terms of Trade will be governed by the law applying in the State of New York, United States, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New York State, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Trade.

Contact If you have any questions regarding these Terms, please email us at info@blath.us