Terms & Conditions
Terms of Use
The Terms of Service ("TOS") are entered into by and between you and Tula Blue LLC (“Tula Blue”). Your use of the Tula Blue website constitutes your agreement with the TOS, and you will be bound by the TOS Agreement. It is important that you take the time to read the TOS carefully. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.
SITE TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
SITE MODIFICATION OR CHANGES
We reserve the right, at any time in our sole discretion, to: modify, suspend, or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.
SITE CONTENTS
All design and content featured on the Tula Blue website, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content," and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Tula Blue. You may view and use the Content only for your personal, noncommercial use and for shopping and ordering on our website, and for no other purpose. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Tula Blue, is strictly prohibited.
AVAILABILITY OF MERCHANDISE
Availability of merchandise may vary at tulabluerope.com. Some featured items may be available only in limited quantities or only while supplies last. Display of an item on tulabluerope.com is not a guarantee that the item is currently in stock or that it will be available on our website when you visit again. If you are unable to locate a particular item on our website, please contact our Customer Service. We will make every effort to fulfill your requests whenever possible.
MERCHANDISE DISPLAY
Tula Blue makes every reasonable effort to display its merchandise on tulabluerope.com as accurately as possible. However, various factors, including the display and color capabilities of your device, may significantly affect what you actually see on your screen.
ERRORS, INACCURACIES, OR OMISSIONS
Tula Blue uses reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. We reserve the right to correct any errors and to update Site information at any time (including after you have submitted your order). We apologize for any inconvenience this may cause.
PRICING
Prices displayed on tulabluerope.com are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time. We will add shipping and handling fees and applicable sales/use tax as necessary.
YOUR ACCOUNT
When you use the Site, it shall be your sole responsibility to maintain the confidentiality of your password and any other account identifiers related to any personal account you created on the Site (the "Account"), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account.
LINKED THIRD-PARTY SITES
Links to other Internet websites operated by third parties, including Tula Blue vendors, do not constitute sponsorship, endorsement, or approval by Tula Blue of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Tula Blue, and we are not responsible for the availability, content, security, policies, or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
DISCLAIMER
TULA BLUE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE TULA BLUE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, AND MATERIALS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Tula Blue, its subsidiaries and affiliates, and each of their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs) arising out of or relating to (i) your violation of these Terms, (ii) any allegation that any information or material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your account.
DISPUTE RESOLUTION
All disputes in any manner relating to or arising out of this Agreement shall be resolved through binding arbitration under the auspices of the American Arbitration Association. The decision or award of the arbitrator shall be binding upon the parties and shall be enforceable by a judgment entered in a court having jurisdiction. In the event that the arbitrator determines there is a prevailing party in the arbitration, the prevailing party shall recover from the other party all costs of arbitration, including all reasonable attorneys' fees incurred by the prevailing party. Any and all proceedings will be governed by the laws of the State of Texas unless parties at the time of contract agree otherwise.
CHOICE OF LAW
This agreement is governed by and construed in accordance with the laws of the State of Texas, U.S.A., without regards to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of any state or federal court located in Texas and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
TERMINATION
Tula Blue reserves the right to immediately terminate this agreement and/or your access to and use of the Tula Blue website or any portion thereof, at any time and for any reason, with or without cause. Tula Blue shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Tula Blue website shall immediately cease.