Terms and Conditions

Introduction

By accessing, browsing or using our websites at blumarketingconcepts.com, you agree to be bound by these stated Terms and Conditions. If you do not agree to these terms, please do not use or access our websites.

If at any time you have questions regarding our products, services or Terms and Conditions, please contact our customer service representatives seven days per week via live chat on our websites, call 1-541-221-9058 or email us at sarah.evans@blumarketingconcepts.com

Disputes

If you experience problems related to our products or services, please contact BLU Marketing Concepts so we may help resolve the matter to your satisfaction.

Shipping Method

BLU Marketing Concepts uses UPS as a preferred shipping provider, smaller individual orders may be delivered via USPS Flat Rate Priority Mail.  Local orders will be delivered directly to the requested main office and preferred contact.  Please select your preferred delivery method upon checkout of your cart.

Product Return Policy

BLU Marketing Concepts is dedicated to providing high-quality, customized products for you and your event. Although we strive for perfection, we understand that mistakes happen! If we make a mistake, we will review the issue and do our very best to remedy the situation. However, due to the customized nature of our products, BLU Marketing Concepts cannot accept returns for printed items that pass our production quality standards. ***Once shipped, orders meeting BLU Marketing Concepts satisfactory standard are NON RETURNABLE***. There may be an opportunity to make changes to the order while still in production, however, applicable fees will be assessed. Once the order has begun printing it cannot be cancelled.

We are committed to offering top notch customer service, so please notify us within 48 hours of receipt if there is an issue with your order. No credits will be issued for returned merchandise without our prior consent.

Website Accessibility Policy

BLU Marketing Concepts is committed to abiding by the standards and principles of the Americans with Disabilities Act (ADA). We understand the importance of accessibility for all visitors to our website and it is something we take seriously.  We are working on bringing the website in-line with WCAG 2.1 A, AA standards to ensure we provide an experience that is accessible to all.  Your patience is appreciated as we work through these changes.

California Proposition 65

BLU Marketing Concepts strives for complete compliance pursuant to California’s Safe Drinking Water & Toxic Enforcement Act, also known as “Proposition 65” or “Prop 65.”

Enacted in 1986 and updated in August 2016, Prop 65 seeks to protect California residents from exposures to chemicals classified as carcinogens or reproductive toxicants. The State of California has comprised a list of more than 850 chemicals known to cause cancer, reproductive harm or birth defects.

A large number of chemicals on the list are given safe harbor levels by the Office of Environmental Health Hazard Assessment (OEHHA), which are used to determine overall exposure risks. These levels include No Significant Risk Levels (NSRLs) for cancer causing chemicals, and Maximum Allowable Dose Levels (MADLs) for chemical reproductive toxicity.

For a complete list and other information regarding these chemicals please visit https://www.p65warnings.ca.gov/chemicals

If a product contains a chemical composition that surpasses safe harbor levels or if no safe harbor level exists, a warning label is affixed to the product alerting Californian consumers of potential risks. Persons are in violation of Prop 65 for failing to provide adequate warnings. BLU Marketing Concepts complies with this requirement by: 1.) providing a Prop 65 warning, within the product description, on our BLU Marketing Concepts website and 2.) providing labels on all necessary items shipped to California. For your safety, BLU Marketing Concepts continues to monitor products regularly to ensure Prop 65 compliance. The Prop 65 warning shall resemble the image below.

Cali Prop Warning

CPSIA

BLU Marketing Concepts is a promotional products company. Very few items on our website are intended to be used by children. These items are identified by using the term “Youth” in the product name. Otherwise, we do not directly market to children or target children under the age of 13, and will never knowingly solicit information from them. All other items are intended for advertising and promotional purposes ONLY.

All youth items will be labeled with the BLU Marketing Concepts name along with an identifying number associated with the PO# and product creation date. This is in compliance with the Consumer Product Safety Improvement Act (CPSIA), which requires children's products to be affixed with tracking labels. We have also affixed this label to other items, although not intended, that may end up in the hands of a child.

Warranties

We warrant that all merchandise sold to you by BLU Marketing Concepts is free of any security interest. We do not express or imply any warranties as to the fitness for purpose of the merchandise you purchase from us.

We offer no warranties or representations regarding our websites or their content, or any product or service provided by or offered through our websites. Our websites and all content found within are provided for use as is, and as available. We disclaim, to the fullest extent allowed by law, all express or implied warranties, arising by statute, custom, course of dealing and performance, or in any other manner, including without merchantability, quality and fitness for a particular purpose, in regard to our websites, content, product or services available or offered through our websites, and/or any site to which they are linked.

We do not warrant that our websites, the servers we use or the transmissions sent by us or through our websites are free of harmful components, such as viruses. We also do not warrant that the information accessible from our websites, or any sites from which they are linked, is accurate, complete or up-to-date. We cannot be held responsible for any errors or omissions in any content on our websites.

Opinions, advice, comments and statements made on our websites by users, as well as user-generated content, is not endorsed by us and does not in any way reflect our opinion, statement or advice. We do not provide any warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings or other information. We also do not warrant continuous, uninterrupted or secure access to, or use of, our websites. You accept that our owners, executives, employees and other representatives receive the benefit of this clause.

Without limits to the previous statement, some merchandise offered by us on our websites may be covered by a product warranty from the manufacturer, and the limitations and disclaimers set forth herein will not restrict or limit any such warranty for products purchased on our websites.

No information in our Terms and Conditions policies will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.

Understanding/Agreements

Our Terms and Conditions, as well as other policies on our websites, contain the complete understanding between you and our company, with respect to the use of our websites. No statement, representation or inducement oral or written, not contained herein, shall bind any party to this agreement.

Conditional Acceptance

Your submission of an online order or telephone order to BLU Marketing Concepts is considered a conditional acceptance of your consent to purchase merchandise from us, and confirms your acceptance of our terms and conditions of sale as set forth.

Access and use of our websites and all information, products, services and materials available is subject to all applicable laws and regulations, including our stated Terms and Conditions.

If you do not agree to the discreet and secure collection, use and disclosure of your personal information on our websites, as explained in our Terms and Conditions and other policies, please do not use our websites.

Your Obligation and Responsibility

You agree to use all of our websites in a manner consistent with any and all rules and regulations that apply. You also agree not to transmit or upload to our websites any computer viruses, worms, trojan horses or anything that may interfere, disrupt or interrupt the normal operations of a computer. We strictly prohibit any unauthorized modifications, tampering or altering of information or any interference with the availability or access of our sites. In response to such unlawful acts, we reserve all rights and remedies available to us.

You also agree to indemnify, release and hold harmless our executives, agents, representatives, employees and owners from any claim, loss, liability and expense, including legal fees, that may be related to a violation of our Terms and Conditions, or your access or use of our websites.

Website Access Per Jurisdiction

Access or use of our websites or information, materials, products and/or services may be prohibited by law in certain countries or jurisdictions. You alone are responsible for compliance with any applicable laws of the country from which you are accessing our websites.

Access to our websites or portions of our websites and the use of information, materials, products and/or services provided through our websites is not intended and is prohibited where such access or use violates applicable laws or regulations.

Website Modification and Discontinuation

We have the right at any time to modify, delete, edit, suspend or discontinue, permanently or temporarily, our websites or portions of our websites and/or the information, materials, services and/or products we provide through our websites, with or without notice. You agree that we will not be liable to you or any third party for any type of modification, deletion, editing, suspension or discontinuance of our websites.

Unacceptable artwork submissions

BLU Marketing Concepts has the sole discretion to reject any orders or submissions that contain text or design that could be considered libelous, profane, obscene or defamatory (as established by the Federal Communications Commission), displays or portrays irresponsible use of alcohol and/or other substances, promotes persecution based on race, age, gender, disability or national origin, or contains explicit sexual content or is in any way inappropriate for BLU Marketing Concepts production.

You agree not to use BLU Marketing Concepts or the services it provides to create any materials or products that are threatening, abusive, unlawful, tortuous, harassing, vulgar, defamatory, obscene, libelous, hateful or racially, ethnically or otherwise objectionable.

Trademarks Submitted To Us

You, individually, or any company ordering custom, imprinted merchandise from BLU Marketing Concepts, warrants and represents that you are the sole legal owner or licensee of all rights, including copyright, to each trademark, logo, statement or any other intellectual property included in the design that you instruct us to imprint on the merchandise you order. You also warrant that the designs you approve for reproduction are in accordance with the guidelines of the owner of the trademark or logo. You warrant and represent that no part of the design violates or infringes upon the rights of any person or entity, and that there are no restrictions or rights of any kind or nature that would prevent BLU Marketing Concepts from legally reproducing the images or text that you submit. You agree to defend, at your sole expense, any claim, lawsuit or proceeding brought against BLU Marketing Concepts for reproduction of the trademarks, logo or written information that you supply to us, which causes wrongful use of any copyright, trademark or other right of any third party. BLU Marketing Concepts shall not be held liable for the unauthorized, improper or illegal use of any logo or trademark that is imprinted on promotional products purchased from us. BLU Marketing Concepts will not accept liability for the actions of customers who have misrepresented their ownership of licenses or trademarks. You agree to indemnify and hold BLU Marketing Concepts harmless from any loss or damage associated with any such claim, lawsuit or proceeding.

We reserve the right to request written permission from the owner of all copyrighted or trademarked materials before reproducing them for your order. We also reserve the right to refuse your order, at our sole discretion, if it appears the final product would violate applicable laws. Failure on our part to obtain legal permission to reproduce copyrighted or trademarked materials could result in legal action by the owner of the copyrighted or trademarked materials.

We also reserve the right to refuse subject matter that is deemed by us to contain derogatory, inflammatory or objectionable remarks, symbols or images. Examples of these include derogatory, inflammatory or objectionable content about an individual or a group's race, religion, physical attributes, national origin, sexual preference, or content that contains profanity or pornography.

Product Consistency

We cannot guarantee that all products purchased from BLU Marketing Concepts will be 100 percent consistent in color and material. Minor variations in dye lots, material thickness and finish may occur in the manufacturing process. You understand that by placing your order with BLU Marketing Concepts, you agree to accept the product with possible minor manufacturing variations.

Pricing on Our Websites

We work hard to keep our websites' pricing current. However, from time to time market conditions may change the price of a particular product. We reserve the right to change prices on the website at any time. If a site price is not correct on an item that you order, we will contact you at once with the current price or help you choose a different item, if you prefer.

Sales Tax

While BLU Marketing Concepts is located in Oregon and Oregon does not impose a sales tax.  All items purchased and shipped to the following states are subject to tax:

Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, Wyoming

BLU Marketing Concepts highly recommends that its customers consult their state agency's website to obtain additional information.

Cancellation or Changes to Existing Orders

Once an order has been submitted to production, BLU Marketing Concepts cannot guarantee that you will have the option to make changes or the ability to cancel your order. Applicable fees will be assessed to process any changes or a cancellation made at this point. Charge amounts depend on the extent of work already completed. We will advise you in writing of any and all costs incurred prior to making changes or cancellations with us. You will be responsible for payment of those charges without dispute.

If you cancel your order with BLU Marketing Concepts prior to the commencement of production, you will be charged a fee for the work we have completed to place your order into production.

BLU Marketing Concepts cannot always guarantee products will be fulfilled once an order has been approved. Some items contain limited quantities that make completion impossible. In these cases, BLU Marketing Concepts has the complete discretion to cancel the order and perform a reverse funds transfer. If cancellation occurs, a BLU Marketing Concepts representative will work with you to provide applicable product alternatives.

Please note: Orders are extremely difficult to change or cancel after you have approved your order.

Delivery Dates

A Delivery Date is the date you will likely receive your order.

If a Guaranteed Delivery Date is chosen by you for your order, we reserve the right to increase/ decrease either production or delivery times to meet that Guaranteed Delivery Date. BLU Marketing Concepts attempts to produce and ship all guaranteed orders as quickly as possible to ensure each customer receives their order by that Guaranteed Deliver Date. If production time is shorter or longer than the customer chose, the delivery time will be adjusted accordingly to meet that Guaranteed Delivery Date.

Delivery Delays and Transfer of Ownership Merchandise 

BLU Marketing Concepts will not be held liable for any specific damages or consequential claims that exceed the invoiced value of the merchandise purchased if the merchandise is not delivered on a specified date or is delayed in transit based on circumstances beyond our control. Delivery dates are “estimates” made in conjunction with freight carriers. “Guaranteed” dates are also considered estimates and should not be mistaken for an absolute in hands date. Although, we promise to meet production deadlines, BLU Marketing Concepts is not responsible for delays due to our shipping carriers. Our products are sold Freight on Board (FOB) and are owned by the purchaser once they are picked up by the shipping company.

Over/Unders

Products may be discarded during the manufacturing process that do not meet our factories' high standards. Sometimes extras are produced to ensure enough properly imprinted pieces to fill your order. We invoice for the exact quantity shipped. Usually the range is between 5 percent under and 5 percent over, but for certain products it can be 10 percent or higher. After your order ships, BLU Marketing Concepts will adjust your invoice or credit your account or credit card for the exact quantity delivered to you. Please be sure to order a large enough quantity in case there is an under shipment. This will ensure that you will receive an adequate quantity of products for your needs.

Force Majeur

We cannot be held liable or in breach of contract via force majeure, an event or effect that cannot be reasonably anticipated or controlled, such as an act of God. Results of force majeure may include production or delivery delays. Examples of force majeure, without limitation, include acts of God, criminal acts, worker strikes, health epidemics, lockouts, riots, power failure, water shortage, weather conditions, fire or earthquake.

Returned Checks

Any checks returned for insufficient funds that were submitted to BLU Marketing Concepts for payment of an invoice(s) will result in a $50 charge to the entity we issued the invoice(s).

Email Privacy

We will use your email address solely for the following purposes:

At times, for security reasons such as detecting intrusions in our network, we may review our server logs, which contain website visitors' IP addresses. If criminal activity is suspected, we may share our server information with the appropriate authorities so they may trace and ID suspected individuals.

Business Transactions with Third Party Providers

If for strategic or other reasons we decide to sell, buy, merge or reorganize any or all of our businesses, the transaction may involve the disclosure of personal information to prospective buyers. If this happens, we will take reasonable measures to protect the personal information we disclose by requiring prospective buyers to sign a non-disclosure agreement that limits the use and protects the confidentiality of personal information.

Third Party Providers

We may in good faith disclose personal information when appropriate to comply with the law, a court order, subpoena or other legal action, possibly without notice to you. It also may be necessary to disclose personal information to prevent or aid in the investigation of a possible crime such as identity theft or fraud, to enforce or apply our Terms and Conditions or similar agreements, or to protect our own rights or property or the rights, property or safety of our users or others.

Shipping companies, fulfillment houses and our vendors will only be supplied your information on an as-needed basis to fulfill your order(s). This is generally limited to delivery addresses and recipient phone numbers, when needed.

Credit/Debit Card Security

We do not maintain a record of the credit/debit card you submit to us for payment once all order charges are complete. Submission of your card number to the appropriate credit/debit card company is via encrypted transmission. Each time you place an order with us, we will ask you for your current credit card information to protect your card's security.

Samples

In order to guarantee customer satisfaction, samples are available upon request. Please contact us by email if you wish to request a sample prior to ordering. 

**Limitations apply based on quantity and unit pricing. The sample program is considered a courtesy. BLU Marketing Concepts reserves the right to deny sample requests due to suspected malfeasance.

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