Terms & Conditions

Terms & Conditions

Welcome to the website. These Terms and Conditions of Use (“Terms”) apply to Blue Ridge Merch’s (BRM) family of websites, whether obtained and/or used via personal computers, mobile devices or otherwise, and other interactive features or downloads that are operated and made available by us (“Sites”).

In addition to the Content on the Sites, the Sites provide you with opportunities to review, purchase, design products, order design services and complete purchases (“Services”). BY USING OUR SITES AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND THE TERMS OF SERVICE OF ALL THIRD-PARTY PLUGINS UTILIZED ON OUR SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE. Additional terms and conditions may apply to the purchase of products, such as return and shipping policies. By using the Sites, you agree to terms and conditions.

You agree that you will not use any robot, spider, scraper or other automated means to access the Websites without our express written permission for any purpose. Additionally, you agree that you will not: (I) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Websites.

Order Eligibility

You can only purchase products and services that appear on the Sites and are eligible for delivery to your area. However, BRM makes no guarantees that products and services available on the Sites are appropriate or available for use in locations outside the USA and Canada.

Fees

For all charges for any products and services sold on the sites, BRM will bill your credit card or alternative payment method accepted by BRM. If legal action is necessary to collect on balances due, you agree to reimburse BRM for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase, and payment of charges for, all Internet access services and telecommunications services needed for use of the Websites.

Products, Content, and Specifications.

Information of the products and services available for purchase are put out on the Sites. Prices shown do not include applicable taxes. All features, content, specifications, products, and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors, but 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 the Sites at a given time does not imply or warrant that these products or services will be available at any particular time. There maybe times when the manufacture or distribution of a certain product or service could be delayed for a variety of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

Orders

By placing an order, you represent that the products ordered will be used only in a legal manner. All costs set forth and stated herein are based on current expenses and subject to change without notice. Payment amounts and other terms may be subject to further agreements between you and BRM.

The receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service, while it is our practice to confirm orders by email. We reserve the right, without prior notice, to limit the order quantity on any item or service or to deny service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Shipping Limitations.

When an order is placed, it will be sent to an address designated by the purchaser provided that the shipping address is compliant with the shipping conditions and restrictions contained on the Sites. All purchases from the Sites are made pursuant to a shipment contract. Because of this, risk of loss and title for items purchased from the Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Custom Design Services for Custom Products

User Content.

The primary purpose of our Custom Design Services is to let you upload your own content (“User Content”) to make customized packaging (such customized substance being “Product”). You must be at least 18 years old to make purchases via the Sites or to upload User Content to the Services. To offer you the Product you request, you hereby grant BRM a non-exclusive right to use, print, copy, transmit and distribute your User Content solely to provide you with the product that you have ordered. Furthermore, from time to time BRM may request from you the right to display the item, including your User Content, as an illustration of BRM’s capabilities. You represent and warrant that you have all rights necessary to the User Content and in to grant BRM the rights set forth in this section. You are solely responsible for all User Content you make available on the Services. You must not upload any Prohibited Content (as hereinafter defined) to the Services. BRM has the right, in its sole discretion, to determine what User Content constitutes Prohibited Content, although you acknowledge and agree that BRM does not pre-screen User Content and is under no obligation to monitor the User Content you upload onto the Services. If BRM determines that your User Content is Prohibited Content, BRM may cancel your order without any further obligation to you. “Prohibited Content” means (I) copyrighted material that’s made available on the Services without the express permission of the owner, (ii) material we deem abusive, deceptive, pornographic or otherwise inappropriate, (iii) unlawful content (iv) content that could harm minors in any way or (v) material that violates the rights of others.

Custom Order Cancellations

Any custom produced order cannot be changed nor canceled, since our products are made to order according to your custom specifications, no refunds can be implemented. You, the customer, are responsible for making sure that your order correctly specifies the size, art, quantity, style of product, and print option of your finished product. BRM is not responsible for errors made by the customer during the ordering process.

Accuracy of Information

BRM has made every effort to display as accurately as possible on the website the colours, images, and art uploaded or exhibited within our Online Art Editor, and to ensure that the proportions and design of all customizable products look as accurately as you can. We cannot however guarantee that the display of any colour of your computer monitor will be accurate as this is dependent on your computer system.

All refunds or reprints will be assessed on a case-by-case basis and any refund/reprint shall be determined by BRM in its sole discretion. Should BRM, in its sole discretion, decide to replace any products or to refund or credit to you any amounts paid for an arrangement, that replacement, refund, or credit shall constitute its whole, exclusive and sole liability, and your sole and exclusive remedy, with respect to that purchase.

Refunds and Disputes

If BRM agrees to refund any amounts to you, you understand and agree that such refund will be refunded to you by way of the way the original payment was made (e.g., credit card).

If you dispute any charge that is made for your credit/debit card, you agree that BRM may authorize a third-party vendor to handle and seek to resolve such dispute on BRM’s behalf, which may include BRM providing such vendor with the following information: your name, physical address, email address, phone number and the first 6 and last 4 digits of your credit/debit card number. You agree that BRM may provide such information to the third-party vendor and that the third-party vendor may further disclose that information for your credit/debit card company, the bank issuing the credit/debit card and BRM’s merchant processing company with the goal of resolving the dispute. BRM will endeavor to have the third-party vendor agree to keep the confidentiality of such information.

If you dispute legitimate charges made by BRM for your credit/debit card and your dispute is then discovered to be fraudulent, you agree to reimburse BRM for BRM’s expenses (including bank’s and legal fees) incurred in connection with resolving the dispute.

Third-Party Links

While we do not prohibit keeping or creating links from other sites to the Sites, we do reserve the right to require you to disable or remove any such link upon our request if we determine, in our sole

discretion, that such connection is malicious, harmful, offensive or otherwise inappropriate. Any links to the Sites must comply with all applicable laws, rule, and regulations.

From time to time, the Sites may contain links to sites that are not owned, operated or controlled by BRM or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the websites. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other websites.

Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or guarantees regarding any other website, or any content, materials or other information located or accessible from any other website, or the results which you may obtain from using any other site. If you decide to access any website linked to or from our Sites, you do so entirely at your own risk.

Inappropriate Material

You are prohibited from sending or posting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his/her agents to civil and/or criminal penalties.

Account Registration and Security

You understand that you might need to create an account to have access or place an order. In consideration of your use of the Websites, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Websites’ registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BRM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BRM has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any part thereof).

You are entirely responsible for confidentiality and the security of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of Sites and the Services. We have the right to provide user billing, accounts, User Content or use documents, and related information under certain circumstances (such as in response to legal obligation, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please be aware that anyone able to provide your personally identifiable information will be able to access your accounts so you need to take appropriate best practice steps to protect this information.

Force Majeure

Neither BRM nor you will be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, law, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Representations and Warranties

You represent and warrant that: (I) you are over age 18 and have the right and ability to enter into these Terms, and are fully capable and competent to satisfy the terms, conditions, and obligations herein; and (ii) you have read, understood, agree with, and will abide by the conditions of these Terms You represent and warrant that you’re the owner of the user content that you submit and the consumer content does not infringe upon the property rights, intellectual property rights ( including copyrights, trademarks and patents) or other rights of others. You also represent that there are no disputes in connection with intellectual property rights the property rights or other rights in the user content or any parts of the user content.

Disclaimer of warranties; Limitations of Liability; Indemnity

No advice or information, whether oral or written, obtained from business or through materials, the websites, products, and providers will create any warranty not expressly made herein.

We do not guarantee, represent or warrant that your use of service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to you through the service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including without limitation, all statutory warranties and implied warranties or conditions of merchantability, merchantable quality, fitness for a particular use or purpose, durability, title, and non-infringement.

You agree to indemnify, defend and hold harmless BRM, its officers, directors, employees, shareholders, affiliates, agents, successors and assigns from and against all losses, costs, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms.

In no event will business, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the sites, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising from the use, inability to use, or the results of use of those sites, any site linked to the websites, the materials and information contained on any or all such sites, or any products or services purchased through or on the websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

In case of any problem with any content or the sites, you agree that your sole remedy is to stop using the sites. In the event of any problem with the merchandise or services which you have purchased on or through the websites, you agree that your sole remedy, if any, is to seek a return and refund for such product or services in line with the returns and refunds policies posted on the sites. In no event shall BRM’s liability to you for any reason whatsoever, exceed the amount that you have paid BRM for the product or service giving rise to the liability.

Applicable Law

Specific site: www.blueridgemerch.com is controlled by us from our offices within the State of Illinois, United States of America. By accessing this site, you agree that the laws of the State of Illinois, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site.

Specific site: www.blueridgemerch.com is controlled by us from our offices within the Province of Ontario, Canada. By accessing this site, you agree that the laws of the Province of Ontario, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site.

The provisions of the United Nations Convention on the International Sale of Goods shall not apply to this Agreement.

Termination

You or we may suspend or terminate your use of the Sites or your account for any reason or for no reason. You are personally liable for any orders placed or fees incurred by you or via your account prior to such termination.

General

We do not guarantee continuous, uninterrupted or secure access to our Sites or Services, and operation of the Sites may be interfered with by any number of factors outside of our control. If any provision of these Terms is held to be unenforceable or invalid, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by BRM in our sole discretion. Our failure to act with respect to a breach by you or others shall not constitute a waiver of such right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

All the content featured or displayed on the Websites, including without limitation text, images, photographs, images, moving images, sound, and examples (“Content”), is owned by BRM, its licensors, vendors, representatives and/or its Content providers. All elements of the Websites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Sites may be used for the purpose for which such websites and Services are being made available.

Trademarks.

All trademarks, service marks and trade names of BRM used herein (including but not limited to: the BRM name, the Business corporate logo, the Sites name, the Websites design, and any trademarks) (collectively “Marks”) are trademarks or registered trademarks of BRM or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, download, post, transmit, distribute, mirrored or modify BRM trademarks at all, including in advertising or publicity pertaining to distribution of materials on the Sites, without the prior written permission of BRM or the applicable copyright owner.

Using BRM trademarks on any other websites or network computer environment is not allowed. BRM prohibits the use of BRM trademarks as a “hot” link on or to any other websites unless establishment of such a link is approved in advance.

Entire Agreement.

These terms and conditions are the entire agreement between you and BRM and supersede any prior understandings or agreements (oral or written).

Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at or sole discretion to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of these changes.

Contact information

For quickest response, questions about the Terms and Conditions should be sent to our support team on the Contact Us page.