Terms of service
Welcome to debluze.com (the “Website”). This Website is maintained and operated by De Bluze (hereinafter referred to as “De Bluze”, “we”, “our” or “us”).
YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Authorized Use of Website
The Website is intended solely for personal, non-commercial and informational use. Any other use requires the prior written approval of De Bluze.
You agree not to permit any individual or organization to use information obtained through the Website for commercial purposes or for any purpose unrelated to personal use.
Unauthorized Use of Website
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website.
Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures.
You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions.
You may not frame portions of the Website within another Website.
You may not resell use of, or access to, the Website to any third party without our prior written consent.
Proprietary Rights
De Bluze and its affiliates own, or have been authorized to use, all parts of the Website, including its written content, software, graphics, imagery, layouts, designs, copyrights, trademarks, service marks, trade names, logos and other intellectual-property or proprietary materials.
Certain content displayed on the Website may belong to third parties who have granted De Bluze or its affiliates permission to use or display it.
By accessing or using the Website, you agree not to copy, reproduce, distribute, modify, adapt or create derivative works from any material without first obtaining written consent from the applicable rights owner.
Except where expressly stated in these Terms and Conditions, no licence or ownership right is granted to you through your use of the Website. All rights not expressly granted remain reserved by De Bluze, its affiliates and the applicable rights holders.
Testimonials
De Bluze may occasionally feature testimonials, reviews or accompanying images on the Website. These materials may be used for illustrative purposes and do not necessarily represent the experience of every customer.
Discount Codes
De Bluze reserves the right to refuse, cancel and refund any order where a discount code has been used without authorization, used repeatedly in violation of its stated conditions or otherwise applied improperly.
Flash Sales
Products included in a flash sale are available only for the limited period shown by the applicable countdown or promotional notice on the Website.
Comments or Materials Submitted by You
Certain areas of the Website may allow you or other users to post comments, text, images or other materials, collectively referred to as “Content.”
You may submit only Content that you created or that you have permission from the owner to use.
If Content depicts or identifies another person, you must obtain that person’s consent before posting it. Where the person is a minor, permission must be obtained from their parent or legal guardian. De Bluze may require proof that the necessary permission was obtained.
You may not post or distribute Content that is unlawful, harmful or inconsistent with these Terms and Conditions.
By submitting Content to the Website, you represent and warrant that:
(a) you own all applicable rights in the Content or are otherwise authorized to submit and distribute it; and
(b) the Content does not infringe any copyright, publicity right, privacy right or other third-party right and does not violate any applicable law or regulation.
Unsolicited Ideas
De Bluze does not accept unsolicited ideas, concepts, proposals or suggestions from outside the company, including submissions relating to products, advertising, promotions, merchandising, services or business methods.
We may already be developing, or may later develop, ideas that are similar to those submitted to us. This policy is intended to prevent misunderstandings regarding ownership, confidentiality or compensation.
If you submit an idea despite this policy, you acknowledge that the submission is not confidential and that De Bluze assumes no express or implied obligation to review, use or compensate you for it.
To the fullest extent permitted by law, all present and future rights in the submitted idea throughout the world are irrevocably assigned to De Bluze.
If such an assignment is determined to be unenforceable, you grant De Bluze an irrevocable, perpetual, worldwide and royalty-free licence to use, reproduce, modify, distribute, publish or otherwise exploit the idea through any medium currently known or developed in the future, without compensation to you.
Materials Submitted by Others
De Bluze is not responsible for Content or materials submitted by third parties, including any errors, omissions, losses or damages arising from their use.
You acknowledge that De Bluze is not required to review user Content before it appears on the Website. However, De Bluze and its representatives reserve the right, without obligation, to refuse, restrict, edit or remove Content at their sole discretion.
This includes Content that violates these Terms and Conditions or that De Bluze considers inappropriate, misleading, harmful or otherwise objectionable.
We do not endorse, support or guarantee the completeness, truthfulness, accuracy or reliability of any third-party Content, communication or opinion made available through the Website.
By using the Website, you acknowledge that you may encounter Content that is inaccurate, offensive, harmful, misleading, incorrectly labelled or otherwise unsuitable.
Links
The Website may contain links to websites, platforms or services that are not operated or controlled by De Bluze. Other websites may also link to or refer to our Website.
When leaving our Website, you should review the terms, privacy policies and practices of each third-party service you visit.
De Bluze is not responsible for the availability, security, content, policies or business practices of any third-party website or service.
Products, Specifications and Refunds
The inclusion of any product or service on the Website does not guarantee that it will be available at a particular time or that all descriptions, specifications, images or listed characteristics will be complete and accurate.
If a product is listed at an incorrect price because of a typographical, technical, pricing or information error, De Bluze reserves the right to cancel the applicable order, whether or not the order has already been confirmed or your payment method has been charged.
Product colours, textures, finishes and other visual details may vary depending on your device, browser, screen and display settings. We cannot guarantee that digital images will precisely reproduce the appearance of the physical product.
De Bluze does not independently verify or endorse every opinion or statement made on the Website by customers, manufacturers, distributors, suppliers or other third parties.
We may revise prices, availability, descriptions and other product information at any time without prior notice.
Your receipt of an order confirmation acknowledges that we have received your order. It does not necessarily constitute our acceptance of the order or confirmation of an offer to sell.
We may require additional verification, payment details or other information before accepting or shipping an order.
With respect to products shipped through the Website, risk of loss and title pass to you when the products are delivered to the carrier. You are responsible for submitting any claim to the carrier relating to goods that are lost or damaged during transit.
By placing an order, you represent that the products purchased are lawful to possess and use in the location where you intend to receive and use them.
You also agree that all products will be possessed and used only for lawful purposes and in compliance with all applicable laws, rules and regulations, including copyright law.
If we reject, restrict or otherwise modify your order, we will attempt to contact you using the email address supplied at checkout.
If we cancel all or part of an order after payment has been collected, we will refund the amount paid for the cancelled portion.
Your use of the Website constitutes acceptance of our Refund and Return Policy.
No Warranties
WHILE DE BLUZE USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE AS NECESSARY, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE, DE BLUZE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND DE BLUZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DE BLUZE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
DE BLUZE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, DE BLUZE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL DE BLUZE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DE BLUZE BE LIABLE OR FOR ANY DIRECT DAMAGES ABOVE WHAT YOU PAID TO DE BLUZE FOR PRODUCTS AND SERVICES, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Changes
Information published on the Website may be corrected, updated or removed without prior notice.
De Bluze may amend these Terms and Conditions at any time by posting a revised version on the Website. You are responsible for reviewing this page periodically for changes.
Your continued access to or use of the Website after revised Terms and Conditions are published constitutes your acceptance of those changes.
Indemnification
You agree to indemnify, defend and hold harmless De Bluze, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.
Severability
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies
The failure of De Bluze to partially or fully exercise any rights or the waiver of De Bluze of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by De Bluze or be deemed a waiver by De Bluze of any subsequent breach by you of the same or any other term of these Terms and Conditions.
The rights and remedies of De Bluze under these Terms and Conditions and any other applicable agreement between you and De Bluze shall be cumulative, and the exercise of any such right or remedy shall not limit De Bluze's right to exercise any other right or remedy.
Governing Law; Dispute Resolution; Arbitration
The laws of the State of New York shall govern these Terms and Conditions.
While we will make reasonable efforts to resolve any disagreements you may have with De Bluze, if these efforts fail you agree that all claims, disputes or controversies against De Bluze arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") are subject to fixed and binding arbitration, except for matters that may be taken to small claims court, no matter what legal theory they are based on or what remedy, including damages or injunctive or declaratory relief, they seek.
This includes Claims based on contract, tort, including intentional tort, fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims.
The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration.
Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and De Bluze agree in writing.
The arbitrator shall apply New York law consistent with the Federal Arbitration Act.
You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity.
You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting the American Arbitration Association using the contact information noted below.
American Arbitration Association
800-778-7879 (toll-free)
Website: www.adr.org
A single, neutral arbitrator will resolve Claims.
The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail.
Those procedures and rules may limit the discovery available to you or us.
The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us.
Each party to the arbitration will bear the expense of that party's attorneys, experts, witnesses and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award.
The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed.
Any Claim you have must be commenced within one (1) year after the date the Claim arises.
As noted above, you and De Bluze hereby voluntarily and knowingly waive any right either may have to a jury trial.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Warranty
De Bluze provides a 12-month limited warranty covering manufacturing defects in materials and workmanship under normal use from the date of purchase.
To request warranty service, customers must provide valid proof of purchase. This warranty applies only to products purchased through the official De Bluze Website or an authorized De Bluze retailer.
The warranty does not cover damage caused by accidents, misuse, improper care, unauthorized repairs, alterations or modifications. It also does not cover normal wear and tear, including scratches, tarnishing, fading, natural variations in gemstones or other materials, or the gradual loss of plating through ordinary use.
Damage or deterioration caused by exposure to chemicals, cosmetics, perfume, lotions, chlorine, salt water, excessive moisture or unsuitable storage is not considered a manufacturing defect.
Where a product is confirmed to have an eligible manufacturing defect, De Bluze may, at its discretion, repair the product or replace it with the same or a comparable item. If repair or replacement is not reasonably available, De Bluze may issue a refund of the original purchase price to the original payment method.
To submit a claim, contact our customer support team (care@debluze.com) with proof of purchase, a description of the issue and clear photographs of the product. De Bluze may require the product to be returned for inspection before approving a warranty remedy.
This limited warranty is in addition to any rights or remedies available to you under applicable law.
Class Action Waiver
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DE BLUZE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.