1. USE OF THIS WEBSITE
This website is owned by Pink & Blue Co., and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
3. Terms of Sale
In order to contract with Pink & Blue Co. you must possess a valid credit or debit card issued by a bank acceptable to us. Pink & Blue Co. retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
By placing an order you are agreeing to purchase a product on and subject to the following terms and conditions. All products on Pink & Blue Co. website for sale are considered custom products. Pink & Blue Co. requires the upfront purchase for material goods, labor and related costs on all purchases on the Pink & Blue Co. Website. Our shipping and delivery time is 5-10 business days from the date of purchase, by agreeing to these terms you understand that your card will be charged in full at the time of purchase and your order will be shipped no later than 5-10 business days from date of purchase. Should your order take longer than 5-10 business days due to an internal error that does not include shipping delays, natural disaster, bankruptcy or other conditions outside of Pink & Blue Co. control you will be notified in accordance with the policies and procedures set forth by all major credit cards for merchants, whereas merchant refers to Pink & Blue Co..
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. This email will be sent at the time your order is complete and ready for exit warehouse.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as payment in full against the value of the goods you wish to purchase. Should the goods be unable to be fulfilled you will be notified and refunded in full within 30 days from the date or purchase.
(c) Termination of Agreements and Refunds Policy Termination of agreements and refund policy are clearly stated in our refunds, cancellations and exchanges policy present on our website. By agreeing to these terms and conditions you agree to those policies and procedures for our custom products. No exceptions will be granted.
4. YOUR ACCOUNT
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. This website is directed for use by adults. Those under the age of 13 should not use this website. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to Pink & Blue Co. Pink & Blue Co. does not knowingly collect information from children under the age of 13. Pink & Blue Co. and its affiliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.
5. PRODUCT INFORMATION
Pink & Blue Co. and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by Pink & Blue Co. However, Pink & Blue Co. does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.
PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN U.S. DOLLARS.
THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
6. EXCLUSION OF WARRANTIES
Pink & Blue Co. makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. Pink & Blue Co. does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Pink & Blue Co. AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
7. LIMITATION OF LIABILITY
Pink & Blue Co. WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal, state or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.
8. COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Pink & Blue Co., and Pink & Blue Co. does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in the United States and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Pink & Blue Co. Trademarks, logos and service marks (collectively, "Marks") displayed on this website are registered or unregistered Marks of Pink & Blue Co. or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, Pink & Blue Co. authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. 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 Pink & Blue Co. and its affiliates without express written consent of Pink & Blue Co. You may not use any meta tags or any other "hidden text" utilizing Pink & Blue Co.'s name or trademarks without the express written consent of Pink & Blue Co. Any unauthorized use of this site and/or its contents terminates the permission or license granted by Pink & Blue Co.
9. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
10. ELECTRONIC COMMUNICATIONS
When you visit this website 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 website. 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.
Pink & Blue Co. may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, Pink & Blue Co. makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Pink & Blue Co. ever decides to do it.
Links and references to other websites are provided to you as a convenience only. Pink & Blue Co. has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by Pink & Blue Co.
13. VIRUSES, ETC
Pink & Blue Co. does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
14. DAMAGE TO OTHERS
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offense or civil liability on the part of any person or entity.
15. RESERVE OF RIGHTS
All rights not expressly granted in these terms are reserved to Pink & Blue Co. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Pink & Blue Co. or any other person or entity.
16. GOVERNING LAW
This site is controlled and operated by Pink & Blue Co. from Los Angeles, CA and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of California and the laws of the United States applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17. DISPUTE RESOLUTION; INJUNCTIVE RELIEF
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the National Arbitration Forum's Code of Procedure discussed below) (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (which you may obtain at www.arbitration-forum.com or by mail at P.O. Box 50191, Minneapolis, MN 55405), which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of these terms.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at CS@PinkandBlueCo.com, and give us an opportunity to resolve the dispute. Similarly, before Pink & Blue Co. takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Pink & Blue Co. is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the National Arbitration Forum's Code of Procedure.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
No claim may be joined with another lawsuit, or in arbitration with a dispute of any other person, or resolved on a class-wide basis. The parties expressly agree that any claim that is arbitrated pursuant to this agreement shall not be consolidated with any other arbitral proceeding for any reason. The arbitrator may not award damages that are barred by this agreement and may not award exemplary or punitive damages or attorneys' fees. You and Pink & Blue Co. both waive any claims for an award of damages that are excluded under this agreement.
INJUNCTIVE RELIEF AND PROVISIONAL RELIEF
Notwithstanding the provisions in this Section 13, the National Arbitration Forum's Code of Procedure or any other provision of this Agreement, Pink & Blue Co. shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
19. EXPORT LAWS
Products sold or delivered under this Agreement shall be subject to export control laws and regulations of the United States. You agree to comply at all times with all such laws and regulations. You will defend and hold Pink & Blue Co. harmless against all claims, damages or liability resulting from breach of the foregoing.
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
21. NO ASSIGNMENT
You may not assign your rights or obligations under this Agreement without the expressed written consent of Pink & Blue Co.
This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
24. ENTIRE AGREEMENT
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Pink & Blue Co. relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Pink & Blue Co. making such amendments or modifications available to it pursuant to this Agreement.
25. NO WAIVER
The failure of Pink & Blue Co. to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of Pink & Blue Co. to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
26. ENGLISH LANGUAGE
You expressly agree that this Agreement and all ancillary documents be drafted solely in English.