umber-blue.com (the "Website") is owned by and/or operated by or on behalf of Altan International Consulting, Marketing and Trades Inc. ("Umber & Blue," "we," or "us"). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website you can contact us at: Altan International Consulting, Marketing and Trades Inc. (Umber & Blue) 3610 Meadow Drive Morehead City, NC 28557 United States firstname.lastname@example.org
If you select a shipping destination outside the United States of America, please see the Shipping Policy which shall apply to your purchase and use of the Website.
These terms and conditions were last revised on Monday, November 28, 2016.
USE OF WEBSITE
These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the "Terms") apply to your use and access to the Website permitting you to place an order with Umber & Blue for any products including all orders submitted by you for any products made available by us for purchase over the Website. By accessing this Website you acknowledge that you have read, understand, and agree to be unconditionally bound by these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing the Website immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the amended Terms on the Website.
Please note that these Terms do not affect your statutory rights as a consumer.
You agree that the information you provide when you register on this Website is not misleading, true and accurate in all respects and you will notify our customer service of any changes to that information.
We may change, withdraw, or suspend access to this Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
This Website may include links to other websites or resources ("Linked Websites"). Umber & Blue has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from this Website, Umber & Blue is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore, Umber & Blue will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
Umber & Blue may deny you access to this Website for publication at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
Any material that you upload to this Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
Umber & Blue will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of this Website and you hereby agree to be responsible to Umber & Blue for and indemnify, defend and hold harmless Umber & Blue and keep Umber & Blue indemnified against all costs, damages, expenses, losses and liabilities (including reasonable attorney's fees) incurred and/or suffered by Umber & Blue as a result of any claim in respect of your use of the Website or any activity related to your account by you or any person other than Umber & Blue.
Umber & Blue has the right to remove any material or posting you make on the Website in Umber & Blue's sole discretion.
The Website and its services are not directed toward children under the age of 13. If you are under the age of 13, you are not permitted to use the Website or its services.
PURCHASE OF PRODUCTS
ACCEPTANCE OF ORDERS: All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (the "Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of when we may not accept your order are as follows:
If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
If we are unable to obtain authorization of your payment;
If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
If the delivery address you give is the address of an entity or individual providing freight forwarding services.
When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access the Website. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket are not reserved and may be purchased by other customers.
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
You will be charged for products together with the relevant delivery charges and payment processing charges.
Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view our Website may mean that the colors, measurements, fabrics and designs of the Products displayed on our Website and the Products received by you may differ in appearance in minor respects.
We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
All prices of Products on this Website are stated in United States Dollars and are the price for the Products only. They do not include any applicable sales tax payable. They do not include the charge for delivery.
We endeavor to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavor to refund the payment taken as soon as possible if the product has not been shipped.
Umber & Blue may vary the prices of Products listed on this Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
Please note that in some countries additional duties, taxes, fees, or similar charges may be payable to your national and local tax authorities on receipt of your delivery or in connection with your order, including without limitation, sales, use, excise, import, or similar taxes or duties. You will be responsible for payment of any such duties, fees, and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
The total cost of your order will be the purchase price for the Products, plus applicable tax and any delivery charges.
More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section.
Please note that we accept payment in United States Dollars.
You confirm that the credit/debit card that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of our processing of your credit/debit card payment in accordance with your order.
If your credit/debit card is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card. Such final price is calculated and charged by your card issuer or bank and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer charging you in a different currency other than the currency of your purchase as displayed on the Website.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
DELIVERY, TITLE AND RISK
Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from our Website. Details of the locations to which we deliver are available from us on request.
If you have selected our US Next Day service, provided (i) your order has been submitted to us before 2pm Eastern Standard Time on the previous working day and (ii) your order has been accepted by us, we will endeavor to dispatch your order in time for a next working day delivery. The US Next Day service is not available for shipping destinations in Hawaii or in Alaska. Please see Shipping Destinations, Costs and Delivery Times for If you have selected US standard delivery and provided your order has been accepted by us, Umber & Blue will endeavor to dispatch your order in accordance with the estimated delivery times set out at Shipping Destinations, Costs and Delivery Times or as otherwise specified in the checkout process as you submit your order. Orders received after any specified cut off or last order time or received on a day which is not a working day will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified. For these purposes, a working day means any day in which banks are open for business, other than Saturdays and Sundays or federal holidays in the United States of America. Where you have selected our US Next Day service, your sole remedy for any failure by Umber & Blue to dispatch your order in time for a next working day delivery shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.
Title in the Products will pass to you on the later of:
the date on which we receive payment in full for such Products; and
the date and time of collection of such Products for delivery to your nominated address.
We shall be entitled to deliver the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
In the event that a Product is subsequently imported into a country other than United States of America, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
CANCELLATION AND RETURNS
Should you wish to cancel or return any Products, you may only do so in accordance with our Refund Policy.
If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
INTELLECTUAL PROPERTY: This Website and all content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on this Website (the "Content"), is either owned or licensed by Umber & Blue, and is protected by applicable copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved.
All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights, trademarks, patents, service marks, logos, trade dress, trade names, trade secrets, inventions, know-how, and moral rights) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the "Intellectual Property Rights") are and shall remain the exclusive property of Umber & Blue and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws, regulations, directives and treaties around the world. All such rights are reserved.
Umber & Blue grants you a limited right to access and use the Website and Content solely for your personal use. Unless otherwise specified on the Website, you may download Content displayed on the Website, and may use the downloaded Content, solely for your personal and noncommercial use. You may print any textual Content available for downloading on the Website, solely for your personal and noncommercial use. You must retain all intellectual property and other proprietary or restrictive notices to the extent they appear on downloaded, transmitted, and copied Content, and any such downloads, transmissions, or copies are subject to these Terms. As between Umber & Blue and you, the Content and this Website shall remain the property of Umber & Blue. Use, transmission, or downloading of the Content is conditioned on these Terms. By acquiring, transmitting, or using the Content or using the Website, you agree to such Terms. You may not download, copy, transmit, or use any of the Content or Website except as expressly authorized by these Terms and, in any event, you may not distribute, modify, copy, adapt, transmit, publish, publicly display or sell, license, or create derivative works of the Content or Website other than in accordance with these Terms or as expressly indicated in writing by Umber & Blue or on the Website.
You agree you shall not;
use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its Contents;
engage in spamming or flooding;
remove any copyright, trademark or other proprietary rights notices contained on the Website or in the Content;
harvest or collect information about the Website visitors or members without their express consent;
cache, upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party);
sub-license, sell, reverse engineer, decompile or disassemble any portion of the Website or Content;
bypass any measures used by us to prevent or restrict access to the Website or portions of the Website; or
use the Website or Content for any unlawful purpose.
Umber & Blue endeavors to ensure that the information posted by it on this Website is accurate and complete. Umber & Blue does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Burberry does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Umber & Blue recommends that all users of the Internet ensure they have up to date virus checking software installed to their personal media.
Umber & Blue reserves the right to limit the availability of the Website and/or the provision of any Content, service, program, video or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, video or other product that we provide.
LIMITATIONS OF LIABILITY
Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; or (ii) for any other liability which cannot be limited or excluded by applicable law.
Umber & Blue and/or Umber & Blue's directors, employees, agents and other representatives will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms, Content, User Content, or product or services on this Website for any:
economic losses (including, without limitation, loss of income or anticipated savings or other intangible losses);
loss of goodwill or reputation; or
special, indirect, consequential, special, exemplary, punitive losses or damages suffered or incurred by you arising out of or in connection with these Terms, this Website, Content or User Content contained on the site, any linked site or any service or products purchased or provided through this Website, under any contract, negligence, strict liability or other theory.
ASSIGNMENT, SUBCONTRACTING ETC
Umber & Blue reserves the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract, novate, or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
AMENDMENTS TO THESE TERMS
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control. The timeframes given for the delivery of the Products ordered by you are estimates only. You acknowledge and agree, time is not of the essence.
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms supersede any other prior versions of these Terms between you and Umber & Blue. These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to the principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Site or these Terms shall be brought only in the courts of the State of North Carolina.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
You agree that the only rights and remedies available to you arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.
All notices given by you to us must be sent to Umber & Blue at 3610 Meadow Drive, NC 28557, United States or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section E(13) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section E(14) above.
The name and address of the provider of this Website is Altan International Consulting, Marketing and Trades Inc. 3610 Meadow Drive Morehead City, NC 28557 United States
Complaints regarding the Website or Content or requests to receive further information regarding use of this Website or Content may be sent to the above address or to firstname.lastname@example.org