Effective Date, as amended: December 20, 2020
Welcome to the BlumSafe website which is located on www.blumsafe.com (“Site” or “Website”).
This website is owned and operated by Mt. Tremper Holdings, LLC from New York, United States. Throughout the Site, the terms “we”, “us”, “store”, “BlumSafe” and “our” refers to Mt. Tremper Holdings, LLC. We offer 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 (“Customer”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, customers, affiliates, partners, merchants, and/ or contributors of content.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.
You will not (and will not attempt to):
- Access any of the Services by any means other than through the interface that is provided by BlumSafe;
- Gain unauthorized access to BlumSafe’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, BlumSafe’s networks, and computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by BlumSafe in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
Eligibility to Purchase
The purchase of products through BlumSafe is strictly limited to parties who can lawfully enter into and form contracts on the Internet. To make purchases on the Site you will be required to provide your personal details and payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
By making an offer to purchase products you expressly authorize us to perform credit checks and where BlumSafe feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
BlumSafe reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Once you have placed your order on the Site, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Acceptance of your order will be perfected upon completion of the packing of your order unless you cancel your order. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of our withdrawing any product from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Our Site accepts the following payment methods at the moment:
- Visa (credit and debit cards)
- MasterCard (credit and debit cards)
- American Express
- Amazon Pay
- Any other payment method displayed by BlumSafe on its Site
We reserve the right to add or change our payment methods at sole discretion anytime.
Prices shown on the Site are in US Dollars and are exclusive of taxes. Sales tax will only be charged on orders where applicable. No other tax or import duty will be applied to orders shipped to other locations in the USA. For International Sales, any import duty/tax, including, without limitation, any applicable Value Added Tax (VAT) or charges on our products will be paid by the Purchaser.
Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If you had placed your order for a product before the price change, the price will be as stated on our website at the time when you had placed your order.
License To Use This Site
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary and privacy rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. With the exception of Internet search engines, which are expressly permitted to index the contents of this site from time to time, systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Accounts, Registrations, and Passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. BlumSafe is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of BlumSafe. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify BlumSafe immediately of any breach of security or unauthorized use of your account. BlumSafe cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
Intellectual Property Rights
Mt. Tremper Holdings, LLC owns and retain the copyright, trademarks and other intellectual property rights in the materials found at this site. This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by Mt. Tremper Holdings, LLC. and used by BlumSafe throughout the world (the “Trademarks”). Our logos may not be used without our permission.
Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by US and International intellectual property laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at [email protected]
In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, e-books or similar materials distributed through our site including all image rights, sounds, music, video, audio, or text on the Site.
Digital Millennium Copyright Act
BlumSafe expects all users to respect the intellectual property rights of others. BlumSafe may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at [email protected]. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for BlumSafe to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
Limitation of Liability
Under no circumstances shall the company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, this site, the information contained on or received through use of this site, or any services or products received through this site. this limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company, advertisers and/or its licensors have been advised of the possibility of such damage. because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction. in any event, you agree that the sole and exclusive maximum liability to the company arising from any product sold on the site shall be the price of the product ordered. return and refund policy.
The Company warrants that the products it sells are free from manufacturing defects for a period of sixty (60) days after your receipt. Any claim of defectiveness must be made no later than sixty (60) days after receipt of the product. If the product fails or breaks due to a manufacturing defect during that time (i.e., is “Defective”), you agree to send an email to [email protected] , with a photo showing the alleged defects of the product and providing a description regarding the circumstances of the product’s failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by the Company as to the cause of the failure or breakage or reasonably required to be provided by the Company. Alternatively, you may return the product for the Company’s inspection, at your own cost. You agree that the determination of whether a product is Defective is within the sole discretion of the Company.
The Company may upon request supply a shipping label for the return of a product to the Company that the Company has recognized as Defective, in which case you must return the Defective product using the shipping label. The Company may, in its discretion, waive the requirement that the Defective product be returned.
Upon receipt of a product (unless waived), and if the Company recognizes it as Defective, the Company will, at your option,
(a) send you a replacement of the product or (ii) issue a credit for the purchase price, plus original shipping cost incurred by you (if any), of the Defective product or
(b) issue a refund of the purchase price, plus the original shipping cost incurred by you (if any), by check or any other appropriate method (as selected by the Company), including but not limited to refund of electronic payments.
Notwithstanding the foregoing, the Defective product must be in its original, undamaged packaging material and must be in new condition in order for you to receive a full refund or a restocking fee of up to 25% of the purchase price will be applied, in the Company’s discretion.
If a product is not to your liking, but not Defective (as determined by the Company), you may return the product at your own expense to the Company within thirty (30) days upon your receipt of the product. If the product is received by the Company unused and in new condition and undamaged packaging materials, the Company will, at your option, issue a credit for or a refund of the original purchase price of the Product, minus the original shipping cost incurred by you (if any), any payment processing fees charged by Paypal, Amazon, a bank (for bank transfers) or other credit card processors, and any taxes paid. Refunds will be paid by check or any other appropriate method selected by the Company, including but not limited to refund of electronic payments. If the product returned is not in unused and new condition and undamaged packing materials when returned, a restocking fee of up to 25% of the purchase price will be applied, in the Company’s discretion.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Choice of Law; Disputes
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of New York, United States of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from the State of New York, by accessing this site, both you and the Company agree that the statues and laws of the State of New York shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the State of New York and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or re-exported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.
Customers outside the US will be responsible for payment of any customs duties, VAT or other charges applied by their country or the carrier to their shipment outside the US, in addition to their responsibility for postage. If customer refuses to pay these charges and item is returned, the Company’s returned item restocking fee policy will apply to any refund (i.e., a restocking fee will be charge of up to 25% of purchase price, in the Company’s discretion), as well as deduction of any unrefunded charges by our payment processor.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
User’s License Grant To Site
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
Third Party Sites
You may be transferred to online merchants or other third party sites through links from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, The Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall immediately issue a credit to your credit card account in the amount of the charge.
Disclaimer Of Warranties
The Company, its advertisers and licensors make no representations or warranties about this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site. all information and use of this site are provided “as is” without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties with regard to this site, the information contained on or received through use of this site and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information receive through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through this site is free of viruses or other harmful components. your use of this site is solely at your risk. user agrees that it has relied on no warranties, representations or statements other than in this agreement. because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
Without limiting the foregoing, the Company will not reimburse for any damages or defects caused to your watches as a result of storage in or operation of our safe or our other products. Likewise, we do not warrant against theft from or of our safes and bear no responsibility for any property loss as a result of a theft, fire or other destruction of the items on this site or stored in your safe. We do not warrant that our watch winders will wind all brands of automatic, manual, kinetic, or replica watches.
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.
You may not use or engage with our website if you are under sixteen (18) years of age. If you use or engage with the website and are between the ages of sixteen (16) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
These Terms and Conditions set forth the entire understanding and agreement between you and BlumSafe concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act with respect to a breach by you or others does not waive BlumSafe right to act with respect to subsequent or similar breaches.
For any questions, complaints, and queries or to report any violations, kindly send an email on [email protected]