Terms and Conditions of Online Sale
TERMS AND CONDITIONS FOR ONLINE SALES
1. Definitions
“Products” means footwear and other associated products or services offered for sale via our Website.
“Terms” means these terms and conditions for online sales.
“Us” or “we” and means Blundstone (U.S.A.) Inc, and “our” has a corresponding meaning.
“Website” means www.blundstone.com.
2. Your Rights and Obligations
These Terms contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By placing an order for products or services from this Website, you acknowledge and agree that you are of legal age to enter this agreement, and that you accept and are bound by these Terms.
You may not order or obtain products or services from this Website if you:
- (a) do not agree to these Terms;
- (b) are not the older of 18 years of age or the legal age to form a binding contract with us, or
- (c) are prohibited from accessing or using our Website, any of our Website’s contents or our Products by applicable law.
These Terms apply to the purchase and sale of Products through our Website. We may change the Terms without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any Products that are available through the Website. Your continued use of the Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Terms of Use that apply generally to the use of our Website. You should also carefully review our Website Privacy Policy before placing an order for products or services through this Website.
3. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all Products listed in your order. If an order is not accepted by us, we will not be obligated to sell the Products to you.
We may choose not to accept any orders in our sole discretion.
After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered.
4. Prices and Payment Terms
All prices, discounts and promotions posted on the Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by separate terms and conditions to these Terms. If there is a conflict between the promotion terms and these Terms, the promotion terms will apply.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. Acceptable payment methods are outlined at Orders & Payment – Blundstone US Customer Service & Support.
If you are paying by credit card, you represent and warrant that:
- (a) the credit card information you supply to us is true, correct, and complete;
- (b) you are duly authorized to use such credit card for the purchase;
- (c) charges incurred by you will be honored by your credit card company; and
- (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
5. Shipments and Delivery
We will arrange shipment of the Products to you. Please check Shipping – Blundstone US Customer Service & Support for specific delivery options, restrictions and associated costs.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
All orders are shipped from our warehouse in Pennsylvania. Depending on your delivery address, you may be charged a state and/or local sales and use tax. We strive to remain current with all current state and local tax laws. Further information is available at Sales Tax – Blundstone US Customer Service & Support.
6. Returns and Refunds
Except for any Products designated on the Website as non-returnable, or where special conditions otherwise apply (e.g. during promotional periods), we offer free returns for purchases made on the Website and returned to us within 30 days of the date of purchase or order provided.
Returns of Products purchased on our Website, must be initiated through the process at https://returns.narvar.com/blundstoneusa/returns.
Products must be sent back in their original unworn condition and in any original packaging and shipping carton.
Provided the return complies with the requirements set out above, we will refund the original purchase price. If items are returned damaged or worn, no refund will be provided.
Further information about our returns process is available at Returns – Blundstone US Customer Service & Support.
7. Limited Warranty
Our Products come with a warranty that gives you specific legal rights, and you may also have other rights which vary from state to state.
This limited warranty can also be found at Warranty – Blundstone US Customer Service & Support and in the documentation we provide with the Products.
To the extent permitted by law, we limit the duration and remedies of all implied warranties to the duration of this limited warranty.
This limited warranty extends only to you as the original purchaser of the Product from the Website. It does not extend to any subsequent or other owner or transferee of the Product.
To make a warranty claim, you can utilize the form available at Warranty – Blundstone US Customer Service & Support.
You may also invoke the dispute resolution process outlined in these Terms if you believe that we have not fulfilled our obligations under this limited warranty or these Terms.
8. Goods not for Resale or Export
You represent and warrant that you are buying Products from the Website for your own personal use or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
9. Privacy
Our Privacy Policy (available at Website Privacy Policy), governs the processing of all personal data collected from you in connection with your purchase of Products through the Website.
10. Force Majeure
We will not be liable or responsible to you, or be in default or breach or these Terms, for any failure or delay in our performance under these Terms when and to the extent that such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national or regional emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunications breakdown or power outages.
11. Governing Law and Jurisdiction
The Website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey.
12. Dispute Resolution and Binding Arbitration
Subject to any other provision of these Terms, any claim, dispute or controversy (whether in contract, tort or otherwise) whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims between you and us arising from or relating in any way to your purchase of the Products through the Website, will be resolved exclusively and finally by binding arbitration.
You and we each agree to give up any rights to litigate claims in a court or before a jury, to consolidate claims by or against other customers in court or in arbitration, or to participate in a class action or representative action as a class representative, class member or in a private attorney general capacity with respect to a claim. Other rights that you would have if you went to court may also be unavailable or limited in arbitration.
Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. The AAA Rules are available at https://www.adr.org/consumer or by contacting the AAA directly (see https://www.adr.org/ContactUs). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of the class arbitration waiver and any challenge to that waiver may only be considered by a court of competent jurisdiction.
If any provision of this arbitration agreement is unenforceable, it will be severed, and the remaining arbitration terms will be enforced.
Alternatively, you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
13. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any assignment or delegation in violation of these Terms is null and void.
No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
15. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. Notices
We may provide any notice to you under these Terms by sending a message to the email address you provide. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us as follows through our online contact form at Get in touch - Blundstone or by personal delivery, overnight courier or registered or certified mail to us at Blundstone (U.S.A.) Inc, 317 George Street, Suite 515, New Brunswick NJ 08901.
We may update the means of providing notice to us by posting a notice on the Website.
Notices provided by:
- (a) email or personal delivery – will be effective immediately;
- (b) our online contact form or overnight courier – will be effective the next business day after completion or sending; and
- (c) registered or certified mail – will be effective three business days after sending.
17. Severability
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be severed and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement
Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will constitute the final and integrated agreement between you and us on the matters contained in these Terms.