TERMS AND CONDITIONS OF SALE
This Agreement constitutes the terms and conditions that shall govern any and all orders issued by you (“Buyer”) to ONEBLUEYE, Inc. d/b/a Cool Blue Dog Apparel (“Seller”) for products (the “Products”) purchased on the website www.coolbluedog.com. By placing an order with Seller, Buyer accepts this Agreement. Any different or additional terms of Buyer contained in any document whatsoever are hereby objected to and rejected by Seller.
Products can be shipped within the continental United States and Internationally through our partnership with International Checkout Inc. In-stock Products will be delivered within 7-10 business days after shipment. Shipping rates are determined by using the shipping calculator in the “shopping cart”. Title, risk of loss and the shipment of Products shall be FOB Seller’s place of business.
Payment will include New York sales tax and is due and payable at the time Buyer places the order. Seller accepts online payment via MasterCard, Visa, American Express, and Discover and PayPal. All online transactions are completed in real time.
Orders for standard Products may be cancelled within 24 hours of placement by emailing: firstname.lastname@example.org; provided the Products have not already been shipped.
Shipping takes place 24-48 hours after order is placed. However, we do not ship on Sunday.
Standard Products in their original packaging and condition (free of pet hair) may be returned within 14 days for an exchange or credit. Buyer shall be responsible for all shipping costs associated with a return. Please include the invoice with the return. Custom Products may not be returned. Defective merchandise will be replaced with a substantially equivalent Product by Seller for a period of THIRTY (30) DAYS from the date of purchase by the original Buyer. Please send the return package, including the invoice, via a prepaid, insured, traceable method to: Cool Blue Dog Apparel, 21 East 22nd Street, New York, NY 10010.
Defective merchandise does not include normal wear and tear, which includes but is not limited to: collars and leads showing color aging or fraying through time and damage to the Products as a result of the pet scratching, biting, etc., improper use, accident, or other external causes. Seller reserves the right to inspect all of the Products before deciding to replace it.
Except as specifically set forth above, Seller makes no other warranty, express or implied and all warranties implied by law or otherwise are expressly disclaimed by Seller, including the warranty of fitness for any particular purpose. Seller shall not be liable for any injury or damage to any person, animal, or property as a result of use or improper use of the Product. Regardless of whether advised of the possibility of such damages, in no event shall Seller be liable to Buyer under any statute or under any legal or equitable theory for: (i) consequential, special, indirect, incidental, punitive or exemplary losses, damages or expenses, or for lost profits, lost business, or for lost opportunities, or (ii) direct damages that exceed the amount of the purchase price for the Product paid by Buyer to Seller. Further, Seller shall not have any liability to Buyer for any failure or delay due to matters beyond its reasonable control.
No intellectual Property rights in the Products are transferable from Seller to Buyer.
To the fullest extent permitted by applicable law, each party hereto (i) agrees that any claim, action or proceeding by such party seeking any relief whatsoever arising out of, relating to or in connection with, this Agreement or the transactions contemplated hereby shall be brought only in the United States District Court for the Southern District of New York or any New York State court, in each case, located in the Borough of Manhattan and not in any other State or Federal court in the United States of America or any other country.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of laws rules or provisions (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.