Terms & Conditions Policy
All features, content, specifications, products, and prices of products and services described or depicted on this “Web Site”, are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Barnabas Blattgold makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Barnabas Blattgold of any unauthorized use of your password or account or any other breach of security. Barnabas Blattgold cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks, and other proprietary (including but not limited to intellectual property) rights. Copying, redistribution, use or publication of any such matters or any parts of the site, except as allowed by Section 4, are strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
4. Fraud. By becoming a Client, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your Client account can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Barnabas Blattgold in its sole discretion. If Client account has been revoked, Barnabas Blattgold reserves the right to refuse application or readmission to the website.
5. Limited Right to Use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.
6. Editing, Deleting, and Modification. Barnabas Blattgold reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Barnabas Blattgold shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
7. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
8. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
9. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
12. Third-Party Services. We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
13. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
15. Payments. We accept direct deposit and PayPal. Our website features an SSL secure connection during the transaction keeping your information secure and private. You represent and warrant that if you are purchasing something from us or from our Merchants that (1) any credit card information you supply is true, correct and complete, (2) charges incurred by you will be honored by your credit card company, and (3) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
16. Currency. All prices and costs listed on this website are in US Dollars(USD).
17. Delivery Policy. All orders placed prior to the order cutoff date, will, in general, take 2 weeks to produce and will be arranged to be shipped out in the next shipping schedule. For International orders, you should expect 3-4 weeks to ship. Domestic delivery will be approximately 5 days depending on location. If the item you desire is no longer available, a notification e-mail will send to you regarding the item’s unavailability.
18. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
19. Return/Exchange Policy. All of our products may be returned in their original condition for an exchange, for any reason whatsoever, within 7 days of the date you receive your purchase. Items that have been used, laundered, dirtied, damaged or altered in any way cannot be accepted for return.
How to return or exchange products:
Package the items you wish to exchange in a mailing envelope or box. You must include a copy of the invoice with the package. If returning for exchange, please indicate clearly what you would like in exchange. Please provide a brief reason for your dissatisfaction and send to our office.
- If you wish to receive a different item in exchange for the returned product, the amount of that different item must be equal or greater than the returned product.
- The sender is responsible for return postage. We urge you to use a mail carrier that generates tracking numbers, as we will not be responsible for lost packages
- Please allow 1 – 2 weeks for receipt and processing of your return. You will receive an email notification when your return has been received and the refund transaction has occurred.
This policy is under constant review and misuse of our return policy will be dealt with accordingly including but not limited to deeming certain customers ineligible for it in the future or ceasing this policy altogether.
20. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE COURT OF HONG KONG. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT COURT OF HONG KONG IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Barnabas Blattgold, in HONG KONG, The Law of HONG KONG will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
21. Verify Clients’ Address: Barnabas Blattgold reserves the right to contact a Client via email to verify the accuracy of account information (including the Client’s correct name and address) that is needed to provide the Client with the information he or she requested from Barnabas Blattgold.
22.Updates to Terms & Conditions