OVERVIEW
This website is owned and operated by Michele Bluck/Hey Blucky. Throughout the site, the terms “we,” “us,” and “our” refer to Michele Bluck/Hey Blucky. Hey Blucky offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WordPress/WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By accepting these Terms of Service, you confirm that you are either at least the age of majority in your state or province of residence or have reached the age of majority in your state or province of residence and provided consent for any of your minor dependents to use this site. You are prohibited from using our products for any illegal or unauthorized purpose, and in utilizing the Service, you agree not to violate any laws in your jurisdiction, including but not limited to copyright laws. Transmission of any worms, viruses, or any code of a destructive nature is strictly prohibited. A breach or violation of any of these Terms will result in the immediate termination of your Services.
GENERAL CONDITIONS
We retain the right to deny service to anyone at our discretion and for any reason at any time. You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may undergo (a) transmissions over various networks and (b) alterations to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You commit to not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without the express written permission of Hey Blucky. The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
COMPLETENESS, ACCURACY, AND TIMELINESS OF INFORMATION
We disclaim responsibility if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be solely relied upon for decision-making without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may include certain historical information. Historical information, by its nature, is not current and is provided for reference only. We retain the right to modify the contents of this site at any time, with no obligation to update any information on our site. You acknowledge that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO SERVICES AND PRICES
Prices for our products are subject to change without advance notice. We maintain the right at any time to modify or discontinue the Service (or any part or content thereof) without prior notice. We shall not be held liable to you or any third-party for any modifications, price changes, suspension, or discontinuance of the Service.
PRODUCTS OR SERVICES
(if applicable) Certain products or services may be exclusively available online through the website. These items may have limited quantities and are either non refundable or eligible for return or exchange only, in accordance with our Return Policy. We have exerted every effort to present the colors and images of our products as accurately as possible on the store. However, we cannot guarantee that your computer monitor’s display of any color will be precisely accurate.
We retain the right, though we are not obligated, to restrict the sales of our products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All product descriptions or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
We do not provide a warranty that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the right to reject any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These limitations may extend to orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make changes to or cancel an order, we will attempt to notify you by reaching out to the email and/or billing address/phone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You commit to providing current, complete, and accurate purchase and account information for all transactions made at our store. It is your responsibility to promptly update your account and other information, including your email address and credit card numbers with expiration dates, to ensure the completion of your transactions and facilitate necessary communication. For more details, please refer to our Returns Policy.
OPTIONAL TOOLS & THIRD-PARTY LINKS
We may grant you access to third-party tools, over which we have neither monitoring nor control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We bear no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
In the future, we may introduce new services and/or features through the website, including the release of new tools and resources. Such additions shall also be subject to these Terms of Service.
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may redirect you to websites not affiliated with us. We disclaim responsibility for examining or evaluating the content or accuracy and do not warrant or assume any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services from third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We recommend carefully reviewing the third party’s policies and practices and ensuring you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific entries (such as contest entries), or without our request, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you consent that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments forwarded to us. We have no obligation (1) to keep any comments in confidence; (2) to provide compensation for any comments; or (3) to respond to any comments.
While we may, at our discretion, monitor, edit, or remove content, we are not obligated to do so. Content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violating any party’s intellectual property or these Terms of Service may be subject to removal.
You affirm that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Service or any related website. Using a false email address, pretending to be someone else, or misleading us or third parties about the origin of any comments is prohibited. You are solely responsible for the accuracy of any comments you make. We assume no responsibility and accept no liability for any comments posted by you or any third party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS If, at our request, you submit specific entries (such as contest entries), or without our request, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you consent that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments forwarded to us. We have no obligation (1) to keep any comments in confidence; (2) to provide compensation for any comments; or (3) to respond to any comments.
While we may, at our discretion, monitor, edit, or remove content, we are not obligated to do so. Content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violating any party’s intellectual property or these Terms of Service may be subject to removal.
You affirm that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Service or any related website. Using a false email address, pretending to be someone else, or misleading us or third parties about the origin of any comments is prohibited. You are solely responsible for the accuracy of any comments you make. We assume no responsibility and accept no liability for any comments posted by you or any third party.
INACCURACIES, ERRORS, AND OMISSIONS
There may be instances where information on our site or in the Service contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information in the Service or on any related website is found to be inaccurate at any time without prior notice, even after you have submitted your order.
We have no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.
PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you are restricted from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to engage in harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no guarantees that your use of our service will be uninterrupted, timely, secure, or error-free. Results obtained from the service may not be accurate or reliable. We reserve the right to remove or cancel the service at any time without notice. Your use of the service is at your own risk, and the service and products are provided “as is” and “as available” without warranties, either express or implied. We are not liable for any damages, whether direct, indirect, incidental, punitive, or consequential, arising from your use of the service or any products procured through it.
INDEMNIFICATION
You agree to indemnify and hold us harmless from any third-party claims or demands, including reasonable attorneys’ fees, arising from your breach of these Terms of Service or violation of any law or third-party rights.
SEVERABILITY
If any provision of these Terms is deemed unlawful or unenforceable, the remaining provisions remain valid and enforceable to the fullest extent permitted by law.
TERMINATION
Obligations incurred before termination survive, and these Terms remain effective until terminated by you or us. We may terminate if you fail to comply with terms. You may terminate by notifying us or ceasing use. In case of termination, you remain liable for amounts due and may be denied access to our services.
ENTIRE AGREEMENT
Our failure to enforce any provision doesn’t waive the right to do so later. These Terms constitute the entire agreement, superseding prior agreements, oral or written, between you and us.
GOVERNING LAW
These Terms are governed by New Zealand laws.
CHANGES TO TERMS OF SERVICE
Review the current Terms at any time on our website. We reserve the right to update, change, or replace any part of these Terms, and your continued use constitutes acceptance of changes.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no guarantees that your use of our service will be uninterrupted, timely, secure, or error-free. Results obtained from the service may not be accurate or reliable. We reserve the right to remove or cancel the service at any time without notice. Your use of the service is at your own risk, and the service and products are provided “as is” and “as available” without warranties, either express or implied. We are not liable for any damages, whether direct, indirect, incidental, punitive, or consequential, arising from your use of the service or any products procured through it.
INDEMNIFICATION
You agree to indemnify and hold us harmless from any third-party claims or demands, including reasonable attorneys’ fees, arising from your breach of these Terms of Service or violation of any law or third-party rights.
SEVERABILITY
If any provision of these Terms is deemed unlawful or unenforceable, the remaining provisions remain valid and enforceable to the fullest extent permitted by law.
TERMINATION
Obligations incurred before termination survive, and these Terms remain effective until terminated by you or us. We may terminate if you fail to comply with terms. You may terminate by notifying us or ceasing use. In case of termination, you remain liable for amounts due and may be denied access to our services.
ENTIRE AGREEMENT
Our failure to enforce any provision doesn’t waive the right to do so later. These Terms constitute the entire agreement, superseding prior agreements, oral or written, between you and us.
GOVERNING LAW
These Terms are governed by New Zealand laws.
CHANGES TO TERMS OF SERVICE
Review the current Terms at any time on our website. We reserve the right to update, change, or replace any part of these Terms, and your continued use constitutes acceptance of changes.
CONTACT INFORMATION
Any Terms of Service Questions should be sent to us at [email protected]