This website is operated by Blux. Throughout the site, the terms “we”, “us” and “our” refer to Blux (https://bluxglasses.com/). Blux 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 which are 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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to 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 express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MONEY WITHDRAW
We will withdraw the money latest 24 hours after the order has been placed, but in general we will withdraw the money immediately after the order has been placed. We do this because we ship the order very fast.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you 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).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of 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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate 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 change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited 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 harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate 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 will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (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.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Blux Glasses, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Blux Glasses and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Denmark.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - WARRANTY CONDITIONS AND COMPLAINTS PROCEDURE
1. General provisions
1.1. This document (the “Conditions”) governs the general requirements for the storage and maintenance of the products of Blux ApS (the “Seller”), the conditions of the warranty against defects provided and the procedure for submitting and handling claims and complaints arising from the warranty.
1.2. Unless stated otherwise, the Conditions shall apply to all products manufactured by the Seller (the “Product” or “Products”) that are sold by the Seller or an authorised reseller of the Seller’s Products regardless of whether the buyer is a person engaged in economic or professional activities or a consumer (the “Buyer”).
2. General requirements for the storage, instalment and maintenance of the Products
2.1. Storage of the Product and its packaging before installation.
After delivery, the Buyer shall store the Product in a manner that ensures the preservation of the Product and its packaging without any damage. The Product and its packaging must be stored in a dry, well-ventilated place, avoiding direct exposure to the ground and ensuring protection from the weather (including direct sunlight and dampness); the storage of the Product in a room heated to a high temperature must also be avoided.
2.2. Storage of documents and data.
The Buyer shall preserve all documents accompanying the Product (including the invoice, consignment note, CMR waybill, and assembly, installation and maintenance manual).
2.3. Product-specific installation, use and maintenance requirements.
In addition to the requirements set out above in this section, the Buyer shall store, use and maintain the Product in accordance with the requirements set out in the documents and manuals accompanying the Product.
3. Warranty requirements
3.1. The warrantor. The warranty for the Products is provided by Blux ApS, address Njalsgade 21F, 6., 2300 København S, phone +4571999077, email firstname.lastname@example.org
3.2. Warranty period.
Unless stated otherwise upon sale of the Product or in these Conditions, the Seller shall provide warranty for the Products for a period of two years, except for the Products on which a different warranty period is indicated. The warranty requirements related to the treatment of the Products are set out in the Treatment Warranty by Blux ApS.
3.3. The warranty period will start on the date of delivery of the Product to the Buyer.
It is presumed that the date of delivery of the Product is the date indicated on the invoice issued to the Buyer for the Product. The repair or replacement of the Product within the warranty period shall not result in the extension of the warranty period or the providing of a warranty for a new warranty period. The warranty provided for the parts repaired or replaced within the warranty period applicable to the Product will expire at the date of expiration of the warranty provided for the Product as a whole.
3.4. The warranty applicable to the Product does not cover the installation of the Product or costs related to installation.
3.5. Requirements for validity of the warranty.
The warranty shall be valid only if:
3.6.1. the Product has been bought from the Seller or its authorised reseller or via its official sales channels;
3.6.2. the Buyer has paid all invoices issued for the Product by the time of the warranty event;
3.6.3. the Product has been properly stored, used and maintained (please see section 2 above);
3.6.4. the Product has not been modified without the consent of the manufacturer.
3.6. Warranty events. Design defects, missing components, the use of materials not complying with the applicable quality requirements as well as all other defects of the Product that would result in the lack of conformity of the Product and the regarding of which as warranty events is not excluded hereby shall constitute warranty events.
3.7. The following shall not constitute warranty events:
3.7.1. swelling, shrinking and simple splits resulting from the inherent physical properties and peculiarities of wood as a natural material;
3.7.2. differences in colour and discolouration of the material due to exposure to sunlight; 3.7.3. defects of the Product caused by: - unprofessional or wrong assembly; - failure to comply with the installation manual; - wrong handling or use of the Product, its components or materials or failure to comply with the requirements for storage and maintenance of the Product by the Buyer; - modifications to the Product or its components made without the prior consent of the Seller; - failure to fix the Product securely; - humans, animals or forces of nature such as a wind speed of seven or more on the Beaufort scale, natural disasters or other events having catastrophic consequences (e.g. a lightning strike, thunder or hurricane).
3.8. The Buyer shall lose the right to exercise the rights under the warranty if the Buyer: 3.8.1. has not properly inspected the quantity, completeness of set and quality of the Product upon receipt if the defect of the Product would have been apparent on a reasonable inspection. The Buyer shall inspect the quantity, completeness of set and quality of the Products as soon as possible after having received the Product but definitely before using.
3.8.2. has not informed the Seller of the defect of the Product on time. The Buyer must inform the Seller of all problems related to the quantity, completeness of set and quality of the Product immediately but not later than within seven (7) calendar days after the Buyer has or should have discovered the problem;
3.8.3. has submitted false information to the Seller in relation to the Product or the warranty event.
3.9. Rights under the warranty and exercise thereof. Under the warranty, the Buyer shall be entitled to request that the defects of the Product discovered within the warranty period be remedied in accordance with clause 4.4 below. The warranty shall not confer any other rights on the Buyer, including the right to request compensation for any damage sustained or expenses incurred by 3 the Buyer. In order to exercise its rights under the warranty, the Buyer must submit a complaint to the Seller as set out in clause 4.1 below. All possible differences of opinion relating to the existence and exercise of rights under the warranty shall be resolved as set out in clause 4.2 below.
4. Procedure for submitting and settling of complaints
4.1. Submitting of complaints. All complaints related to the Products must be submitted to the Seller in writing by email: email@example.com. A complaint must be sent by email. Completion of the following information on the Complaint From is required: 1) Customer, contact person, contact details; 2) Order number; 3) Date of submitting the complaint; 4) Basis of/reasons for the complaint; 5) Product name or code; 6) Quantity; 7) Buyer’s description of the defect, image(s) and suggestions for resolving the matter.
4.2. Differences of opinion on whether the complaint is justified. If the Parties are unable agree on whether the complaint is justified or on how to resolve the matter, the Parties shall seek the opinion of an independent expert chosen by them. The Parties shall pay the costs related to seeking an expert’s opinion in equal shares unless otherwise agreed by them.
4.3. Ways of settling the complaint. If there is a warranty event, or in other cases where a justified complaint relating to the lack of conformity of the Product for which the Seller bears liability is submitted within the warranty period:
4.3.1. the Seller shall, upon its sole discretion, decide on whether it will remedy the defects of the Product at its own expense, will replace the defective part(s) of the Product or will deliver the missing part(s). If the Seller is of the opinion that it would be unreasonable to repair the Product, the Seller is entitled to replace the Product instead of repairing it. If the Seller replaces the Product or its part, the Buyer must return the defective Product or its part to the Seller.
4.3.2. In special cases, the Parties may agree that the Buyer will remedy the defects. In this case, the Buyer must submit an estimate of the expense of remedying the defects to the Seller beforehand. If the Seller approves the estimate, the Buyer must submit expense receipts and other evidence of incurring the agreed expenses to the Seller after having incurred the expenses. Only expenses directly related to remedying the defects which ensure that the defects are remedied in the most efficient and reasonable manner and which have been approved by the Seller are deemed to be justified expenses.
4.3.3. If agreed so by the Parties, defects can also be remedied or rectified in another manner.
4.4. Costs of carriage. The costs of carriage of the Product or its part(s) related to exercising the rights arising from the warranty or otherwise bringing a justified complaint shall be paid by the Seller, except if it turns out (including in cases where it transpires later) that there was no warranty event, the complaint was not justified or that the transport of the Product or its part(s) was pointless due to circumstances attributable to the Buyer.
5.2. The warranty provided by the Seller does not preclude or restrict the right of the Buyer to have to resort to other rights arising from law or the contract, including legal remedies. 5.3. Nothing herein shall prejudice the statutory rights of a Buyer being a consumer under a contract of sale, which cannot be derogated from by agreement.
5.4. These Conditions and the warranty provided by the Seller shall be subject to Danish law. Danish courts have jurisdiction to resolve all disputes related to the warranty.
5.5. The present version of the Conditions enters into force on 1 November 2019.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.