Terms-and-Conditions

Terms & Conditions

On this page you will find our general terms and conditions of Blue Star Baby, LLC governing the sales, shipments and payments of Blue Star Baby, LLC. Blue Star Baby, LLC is an Ohio Limited Liability Company headquartered registered as a business in Fairborn, Ohio. 1209 E. Dayton-Yellow Springs Rd. #291, Fairborn, OH 45324-6327.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE. YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS.

1. General
1-1 All our sales and services are subject to the following sales-, shipping-, and payment terms and conditions.
1-2 All rights, commitments, obligations, special offers, orders and agreements on which these general conditions apply, will be governed by the law of the State of Ohio.

2. Prices
2-1 All prices are in US dollars and will be as quoted on our site from time to time. All prices are exclusive of sales tax and exclusive shipping & handling charges.
2-2 The applicable sales tax will be applied to items in accordance with applicable laws.
2-3 Prices are subject to change at any time, but price changes will not affect orders in respect of which Blue Star Baby, LLC has already sent a confirmation as per paragraph 4 of these Terms and Conditions.

3. Shipping & handling charges
3-1 Blue Star Baby, LLC will charge shipping & handling costs for the shipment of the merchandise.
3-2 The shipping and handling price is dependent on size, weight and location the order is being sent to.
3-3 Blue Star Baby, LLC currently ships to only the USA.
3-4 Depending on the weight/volume of the order, the merchandise will be shipped in an envelope or package.

4. Payments
4-1 Upon ordering you will immediately receive a confirmation e-mail with an overview of your order and total costs, inclusive of shipping and handling charges.
4-2 Every order will be processed after we have received your payment. Payment for all products must be made by credit card via PayPal or direct from PayPal account.
4-3 Blue Star Baby, LLC will send a confirmation by e-mail upon receipt of your payment.

5. Shipping
5-1 All items are shipped within 2 business days upon receipt of the payment.
5-2 In case we will not be able to ship your order within 2 business days, we will contact you by phone or e-mail.
5-3 The item(s) will be delivered to the address you have provided us as "shipping address" at the time you make your order.
5-4 Upon shipment of your order an e-mail with a tracking number will be sent confirming that the order has been shipped.
5-5 All orders are scanned and receive delivery confirmation. If the order has been marked "Delivered" then it is not replaceable.
5-6 Deliveries cancelled after shipment or refused will be charged a 15% restocking fee and shipping costs are not refunded.
5-7 All items are kept in stock. However, in case an item is temporarily out of stock, you will be notified immediately.
5-8 During the checkout process, insurance is automatically selected. This insurance provides the buyer protection through the courier if any items were to be damaged or lost while shipping. If the buyer chooses to cancel insurance, Blue Star Baby, LLC will not be responsible for damaged or missing items. It is the buyer's responsibility to contact the shipping courier if an item is damaged or missing.

6. Limited Warranty; Returns/exchanges
6-1 Blue Star Baby, LLC does everything in its power to deliver a perfect product. However, in case you are not satisfied with all or any part of your order, you can return the item(s) within 30 days from the date of purchase.
6-2 Customers must receive a Return Merchandise Authorization (RMA) from Blue Star Baby, LLC via RMA request email.
6-3 Return item(s) without a RMA will not be refunded.
6-4 Customer is responsible for the shipping of items back to Blue Star Baby, LLC.
6-5 Items must be shipped in a traceable manner.
6-6 Blue Star Baby, LLC is not responsible for items damaged in shipping.
6-7 Upon receipt of the returned item(s), Blue Star Baby, LLC will credit the amount (excluding the initial shipping and handling charges) to the credit card used for the initial purchase, within 5 business days.
6-8 When exchanging an item, you must enclose a copy of the RMA and indicate which item you want in return.
6-9 Blue Star Baby, LLC only offers a refund/exchange of items upon receipt of the original items, and provided that the following conditions have been met:

- Return items(s) must have a RMA
- All returned items must be in original condition
- No signs of use
- Undamaged
- All packaging, warranty cards and accessories
- No attempt has been made by yourself to repair any defect of the item
- Instructions on the care label have been properly followed
- Item(s) do not smell of smoke.

6-7 Except as set forth in this Section 6, Blue Star Baby, LLC makes no representations or warranties of any kind, express or implied, as to the products included in the website nor as to the products being sold to you.
6-8 Blue Star Baby, LLC shall not issue a refund nor accept exchanges for any returns/accept exchanges that do not satisfy all of the conditions above. In case you are notified that you are not entitled to a refund/exchange due to not all conditions being met, you will have the option to request, within 30 days, that the item(s) be shipped back to you, at your own cost, in the condition it was received by Blue Star Baby, LLC. If you do not request the return of your item within said 30 day period, Blue Star Baby, LLC will be entitled to dispose of such item at its sole discretion.
6-9 Items that do not fit according to a manufacturer's general size guidelines, vary slightly from product photo, or simply are not as easy to use as expected are not to be considered misrepresented, and original shipping charges will not be refunded.
6-10 In case the customer has received a (partially) wrong order, then Blue Star Baby, LLC will make sure that the proper items will be sent as soon as possible.
6-11 Blue Star Baby, LLC is not responsible for returns and/or exchanges that get lost in the shipping.
6-12 We will not accept freight collect returns.

7. Limitation of Liability
7-1 Blue Star Baby, LLC will not be liable for any damage of any kind, physically as well as material and immaterial, including but not limited to direct, indirect, incidental, punitive and consequential damages, arising from the use of the products or misuse of the products or any use which is not in accordance with the prescribed manner of the purpose for which they were designed.
7-2 We attempt to provide the most recent, accurate, and reliable information on our web site. However, there may be occasions when information featured on our web site may contain incomplete data, typographical errors, inaccuracies, or when an item featured on the web site is no longer in stock. We do not warrant that the information accessible via our web site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time. Blue Star Baby, LLC is not liable for any consequences as a result of incorrect or incomplete information on their website. Of course, we will make every effort to provide you with current prices at the time you place your order.
7-3 Blue Star Baby, LLC is not responsible for any type- or print errors through which unintentional price differences are communicated. In case the latter does occur the price will be corrected as soon as possible by Blue Star Baby, LLC.
7-4 Blue Star Baby, LLC cannot be held accountable for any difference in color as a result of monitor quality.
7-5 The position and size of the actual print on the piece of clothing can differ slightly as compared to the display on the website. Blue Star Baby, LLC cannot be held responsible for this.
7-6 Items that do not fit according to a manufacturer's general size guidelines, vary slightly from product photo, or simply are not as easy to use as expected are not to be considered misrepresented.

8. User conduct
Blue Star Baby, LLC has the right to refuse any personalization that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, indecent, libelous, tortuous, hateful or racially, ethnically or otherwise objectionable or invasive of another's rights including but not limited to the right of privacy and intellectual property.

9. Force Majeure
Blue Star Baby, LLC will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations following an order that is caused by events outside our reasonable control ("Force Majeure Event").
9-1 A Force Majeure Event includes any act, event, nonhappening, omission or accident beyond our reasonable control, and includes in particular (without limitation) the following:
(a)strikes, lockouts or other industrial action;
(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other disaster;
(d)impossibility of the use of public or private transport;
(e)impossibility of the use of public or private telecommunications networks;
(f)the acts, decrees, legislation, regulations or restrictions of any government.
9-2 Our performance pursuant to an order is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
9-3 Except where the products are in transport, where a Force Majeure Event continues for a period of 90 days from the date of notification of the Force Majeure Event causing non performance or delay in performance, either of us may terminate the (unperformed part of an) order by notice in writing, provided always that your obligation to pay in relation to any part of the order which has been performed shall not be discharged.

10. Privacy
All personal information given to us will be used only by Blue Star Baby, LLC and will not be made available to any third parties, unless required for payment- and shipping purposes to complete the order process. See our Privacy Policy on this web site.

11. Questions / Complaints
Blue Star Baby, LLC aims for customer satisfaction. In case you have questions or complaints about our services and/or products, we kindly request you to inform us by e-mail.

12. Severability
If any of these terms and conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.

13. Our right to vary these terms and conditions
13-1 We have the right to revise and amend these terms and conditions from time to time.
13-2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

14. Written communication
Applicable laws require that some of the information or communication we send to you should be in writing. When using our site, 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 our website. For contractual purposes, you agree to this electronic means of communication, and you acknowledge that all contracts, notices, information and other communication that we provide you electronically comply with any legal requirement that such communication be in writing. This condition does not affect your statutory rights.

15. Copyright of Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Blue Star Baby, LLC. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Blue Star Baby, LLC. All rights and properties are reserved. No content from this website can be copied, saved and/or be distributed without written authorization of Blue Star Baby, LLC. The Contents of our Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

16. Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

17. Miscellaneous
This Agreement shall be construed in accordance with the laws of the State, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Ohio or Greene County.

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