These terms and consitions (hereinafter referred to as “policy”) are an, Electronic record in the form of an electronic contract formed under, The information technology act, 2000, and the rules made thereunder and, The amended provisions pertaining to electronic documents / records in Various statutes as amended by the information technology act, 2000. This Policy does not require any physical, electronic or digital signature.
This policy is a legally binding document between its end user and blue Collar distributors and wholesalers private limited (hereinafter referred to as blue collar). The terms of this policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by Clicking on the ‘I accept’ tab or by use of the website or by other means) And will govern the relationship between you and blue collar for your use of the website.
Discription Of Service
In the site, blue collar provides end users with access to products online and the users can purchase products of their interest in conformity with various policies of blue collar.
This agreement sets forth the terms and conditions that apply to the use of this site by the end user. By using this site (other than to read this agreement for the first time), end user agrees to comply with all of the terms and conditions hereof. The right to use this site is personal to end-user and is not transferable to any other person or entity. End user shall be responsible for protecting the confidentiality of end user’s user id and password(s), if any. End user acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of blue collar and, blue collar shall not be responsible for any data lost while transmitting information on the internet. While it is blue collar objective is to make the site accessible
24 hours per day, 7 days per week, the site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of blue
Collar, access to the site may be interrupted, suspended or terminated from time to time.
Blue collar shall have the right at any time to change or discontinue any aspect or feature of
Blue collar, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, blue collar may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Nothing on this site constitutes, or is meant to constitute, advice of any kind.
The blue collar service is not available to persons under the age of 18 or to any end users suspended or removed from the system by blue collar for any reason. End users may not have more than one active account. Additionally, end users are prohibited from selling, trading, or otherwise transferring their blue collar account to another party. If you do not qualify, you may not use the blue collar service or the site.
End user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this site and all charges related thereto. Blue collar shall not be liable for any damages to the end user’s equipment resulting from the use of this site.
By posting communications on or through this site, end user shall be deemed to have granted to blue collar a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
We strive to provide you with the best prices possible on product(s) you buy from blue
Collar, however, blue collar does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.
While blue collar strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information,
Blue collar may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Blue collar will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that blue collar accepts your order the same shall be debited to your credit card account. The payment may be processed prior to blue collar dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your account.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed back in your account.
Cancellations By The Customer
In case of requests for order cancellations, blue collar reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount.
We will not be able to cancel orders that have already been processed. For cancellation of orders that have been dispatched please refer to our returns section below. Blue
Collar has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by blue collar and accept bluecollar’s decision regarding the cancellation.
Blue collar also reserves the right to cancel your order in case of:
Problems identified by our credit and fraud avoidance department.
Inaccuracies or errors in product or pricing information.
Limitations on quantities available for purchase.
We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your have been charged, the said amount will be returned back to you.
Fraudulent / Declined Transactions
Blue collar reserves the right to recover the cost of products, collection charges and lawyers fees from persons using the site fraudulently. Blue collar reserves the right to initiate legal proceedings against such persons for fraudulent use of the site and any other unlawful acts or omissions in breach of these terms and conditions.
Blue collar does not claim ownership of any materials you make available through the site.
At blue collar sole discretion, such materials may be included in the service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the site, you grant blue collar a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.
Blue collar has made all attempts to exhibit the colors of the products that appear on the
Site as accurately as possible. However, blue collar does not guarantee any change in color as seen by you owing to the actual colors of your monitor/screen and further does not guarantee that your monitor’s display of any color will be accurate.
Disclaimer Of Warranty
Under no circumstance will blue collar be liable for any loss or damage caused by an end user’s reliance on information obtained through the site or any linked site, or end user’s reliance on any product or service obtained from any linked site. It is the responsibility of the end user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from any linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Limitation Of Liability
Blue collar will not be liable for short delivery or defective products unless a claim is notified by you in writing within 48 hours of delivery in accordance with our policies.
The notification must include the invoice number, delivery note number and details of the claim. Blue collar will not be liable in any way for loss, damage, costs or expenses (including loss of profit, revenue, goodwill or data) arising directly or indirectly from any failure or delay in performing any obligation under this agreement by reason of any event or circumstance outside the reasonable control of blue collar, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or act of god.
The site is provided devoid of any warranties or guarantees. The end user must bear the risks associated with the use of the site.
The site provides content which are sourced from other websites or resources and while
Blue collar tries to ensure that material included on the site is correct, reputable and of high quality, blue collar does not acknowledge any responsibility if this is not the case. Blue
Collar will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience as a result of the use of the site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the
Product as specified in the product specifications. This disclaimer constitutes an essential part of this t&c.
Blue collar, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the site or that the operation of the site will be error free and/or uninterrupted. Consequently, blue collar assumes no liability whatsoever for any monetary
Or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the site; and/or any interruption or errors in the operation of the site.
You expressly understand and agree that blue collar and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect,
Incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if blue collar has been advised of the possibility of such damages), resulting from use of the site, sale and supply of products content or any related goods and services.
Without prejudice to the generality of the section above, the total liability of blue collar to you for all liabilities arising out of this t&c under any applicable law is limited to the order value of the product ordered by you.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
You agree to indemnify and hold blue collar (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys fees, or arising out of or related to your breach of this t&c, or your violation of the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this end user agreement or arising out of violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this t&c.
If any of the terms shall be deemed void, invalid or unenforceable for any reason, that condition shall be deemed several and shall not affect the enforceability of any remaining provision.
Blue collar will communicate with you about your order and the purchased product through any of the mode using email, sms and telephone or all of them or any other mode.
Account holders must provide a valid email address and contact telephone and/ or mobile number to blue collar for this purpose. When you use the site or send emails to blue collar, you are communicating with blue collar electronically. You consent to receive communications from blue collar electronically. Please note that we may not be able to contact you on your mobile number in case your mobile number is part of dnc (do not
Call) list as generated by trai (telecom regulatory authority of india).
From time to time, blue collar will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting customer care.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Blue collar promotional alerts are sms messages that are sent to opted in users that contain promotional content for blue collar customers. All blue collar promotional alerts are complimentary, message & data rates may apply. Depending on your text plan, you may be charged by your carrier. You can request us to remove you from our system. Once your mobile number is removed from our system, you will receive a final confirmation message and no further messages will be sent to your mobile number. Alternatively you can enroll in the national do not call (dnc) list by following the instructions here
How are the messages sent?
We may use autodialer or non-autodialer technology to send the text messages described above to the mobile phone number you supply when you opt in.
Site Provided Email And Postings
The site may provide end users with the ability to send email messages to other end users and non-end users and to post messages on the site. Blue collar is under no obligation to review any messages; information or content (“Postings”) posted on the site by end users and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, blue collar may from time to time monitor the postings on the site and may decline to accept and/or remove any email or postings. You understand and agree not to use any functionality provided by the site to post content or initiate communications that contain:
Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Advertisements or solicitations of any kind.
Impersonate others or provide any kind of false information.
Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
Messages by non-spokesperson employees of blue collar purporting to speak on behalf of blue collar or containing confidential information or expressing opinions concerning blue collar.
Messages that offer unauthorized downloads of any copyrighted or private information.
Multiple messages placed within individual folders by the same end user restating the same point.
Chain letters of any kind.
Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to
Using blue collar invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
Using blue collar to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and
Sending messages to distribution lists, newsgroup aliases, or group aliases.
The site or third parties may provide links to other world wide web sites or resources.
Because blue collar has no control over such sites and resources, you acknowledge and agree that blue collar is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that blue collar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/secure Areas
Access to and use of password protected and/or secure areas of the site is restricted to authorized end users only. Unauthorized individuals attempting to access these areas of the site may be subject to prosecution.
Modifications And Notification Of Changes
Sending an email to the address associated with your account or
Blue collar endeavor to ship the products to customers within 6-7 working days from the day of purchase of product made by you. However, the duration of delivery of products will be depending on customer location. Delivery time to the end user is subject to factors beyond our control (“Force majeure event”) including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes.
Blue collar will not be liable for any loss or expenses sustained by the end user arising from any delay in the delivery of the goods howsoever caused. Blue collar reserves the right to make delivery of the goods in installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if blue collar fails to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments.
In the event you are not available to accept delivery on second attempt, blue collar may at its discretion charge you for the additional shipping cost on the third attempt made. If you fail to take delivery of the goods, blue collar may at its discretion charge you for the additional shipping cost. Blue collar will not be liable for any loss or expenses sustained by the buyer arising from any delay in the delivery of the goods howsoever caused.
Survival Of Terms After Agreement Ends
Notwithstanding any other provisions of this t&c, or any general legal principles to the contrary, any provision of this t&c that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this t&c.