THE TERMS AND CONDITIONS OF SALE ("Terms") ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN BLUEBALL DESIGN INVOICE OR OTHER BLUEBALL DESIGN DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND BLUEBALL DESIGN HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN. "We", "Our" or "Us" refers to Blueball Design.
These Terms constitute a binding contract between Customer and Blueball Design. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the "Site"). These Terms are subject to change without prior notice.
THESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA IN THE UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION OF THE CUSTOMER. ANY DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN NORTH CAROLINA IN THE UNITED STATES OF AMERICA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN NORTH CAROLINA IN THE UNITED STATES OF AMERICA, SUBMITS TO JURISDICTION THERE, AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER HEREBY AGREES THAT SUCH VENUE IS APPROPRIATE AND THAT BLUEBALL DESIGN AGREEMENT TO SELL AND DELIVER PRODUCTS TO THE CUSTOMER IS DEPENDENT ON THIS PROVISION.
Prices are listed in our Website and Newsletters, and are subject to change without notice. Payment is due before order fulfillment. The reference rates in this Site, for calculating foreign currency pricing based on daily foreign exchange rates, are based on the regular daily concertation procedure between central banks within and outside the European System of Central Banks, which normally takes place at 2.15 p.m. ECB time (CET). The exchange rate data is obtained from sources believed to be reliable but this Site, and Blueball Design, do not guarantee its accuracy, completeness or correctness and will not assume liability for any damages or losses incurred by use of this Site and its data.
On our site, the Customer has the ability to subscribe to Our newsletter mailing list. Upon subscribing, the Customer is agreeing to receive emails from us and may not hold Blueball Design responsible or liable for any emails sent to the Customer's e-mail address as a result of the Customer's subscription. The Customer may, at any time, request to be removed from Our mailing list by sending a written request to mailinglist@blueballdesign.com.
Blueball Design makes all purchased items available for download immediately after a transaction has been approved. These downloads are available from Our Site. Instructions for obtaining your purchased items via download are provided in an email sent to the Customer shortly after payment is received for a given transaction. Due to the countless possibilities of download interruption, including, but not limited to, power outages, file corruption, and loss of internet connection, Blueball Design may not be held liable for a disruption in the downloading or obtainment of purchased items. However, We would be more than happy to help the Customer obtain the purchased items through separate means. If a problem with a download or a downloaded item occurs, email Us at support@blueballdesign.com with proper identification and we will deliver the purchased items.
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, and product updates. We make every effort to ensure the accuracy of the information published in Our newsletters and on Our Site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind. If an error is made and a product is listed at an incorrect price, We shall maintain the right to refuse or cancel any orders placed at the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date.
NEITHER BLUEBALL DESIGN NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER BLUEBALL DESIGN NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY BLUEBALL DESIGN OR ITS AFFILIATES, NEITHER BLUEBALL DESIGN NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM. We will not be responsible for any delays in delivery which result from any circumstances beyond Our control, including without limitation, delays due to internet/download failure, failure of power, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. We will not be responsible for any changes made to Our products by the customer or any third party after the product has been delivered. Alterations to Our products are made at the Customer's own risk. We will also not be responsible for any incompatibilities between Our products and their intended use due to the presence of third party applications or software.
Orders are not binding upon Us until accepted by Us. Terms of payment are within Our sole discretion. In the event of a payment default, Customer will be responsible for all of Our costs of collection, including court costs, filing fees and attorney's fees.
Please Note: Our custom configured products are not returnable for credit or exchange. All sales are final.
If Customer receives damaged products, please contact Us immediately and we will replace the product with an identical, but functional, product of lesser or equal value.
These Terms constitute the entire agreement between Customer and Blueball Design relating to the sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Us directly. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms contained herein and in Our invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and Blueball Design. In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.
Blueball Design will never divulge or resell any
personal information we collect from you to any third party
- period.
Please read the information below.
While Blueball Design uses reasonable efforts to include accurate and up-to-date information on this Web site, Blueball Design makes no warranties or representations as to its accuracy. Blueball Design assumes no liability or responsibility for any typographical or other errors or omissions in the content on this site. In the event that a product is listed at an incorrect price or with other incorrect information due to a typographical or other error, Blueball Design shall have the right to refuse or cancel any orders placed for the product listed incorrectly. Blueball Design shall have the right to refuse or cancel any such orders whether or not the order has been confirmed. If a product offered by Blueball Design is not as described, your sole remedy is to return it to Blueball Design for a refund or for an identical replacement product.
The purchase of Our products grants the buyer the right to use the purchased items for unlimited personal and commercial use, provided that the buyer does not attempt to resell and/or redistribute an identical or modified version of the purchased products. The purchase of Our products DOES NOT grant the buyer the rights to resell and/or redistribute identical or modified versions of Our products, whether for free or for a fee. If the buyer attempts to resell and/or redistribute Our products in any way, shape, or form, for free or for a fee, We will be happy to introduce the buyer to our legal representatives. YOU MAY NOT RESELL OR REDISTRIBUTE OUR PRODUCTS IN ANY WAY, SHAPE, OR FORM.
Blueball Design and the names of Blueball Design products and services referenced herein are the property of Blueball Design. Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.
Linked sites are not under the control of Blueball Design, and Blueball Design is not responsible for the contents of any linked site or any link contained in a linked site. Blueball Design provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blueball Design of the site.
All promotions are subject to change without notice. Blueball Design reserves the right to change, alter, or cancel promotions at any time without notice.