Terms and Conditions
TERMS & CONDITIONS
INTRODUCTION
Welcome to our Website! By accessing and using https://www.bluebearapparel.com/, you agree to be bound by these Terms and Conditions, which govern your use of the site and any purchases made. If you do not agree with these terms, please refrain from using the site.
General
Blue Bear Clothing & Accessories owns https://www.bluebearapparel.com/, with its registered office at 571 Monon Blvd, Suite 200, Carmel, Indiana 46032, USA. Blue Bear Clothing & Accessories provides all the services to its customers in USA and Canada. For the rest of the world, we work with our partner company LIKETOBARGAIN, India, registered in Telangana.
Other Site Policies
Before using our site and purchasing any products, please take a moment to review our Site Policies, which include our Terms & Conditions, Return Policy, Privacy, and Cookies Policy. These policies are incorporated into our Terms and Conditions and apply to all users. If you disagree with our policies, please refrain from using our site. We reserve the right to modify the location, Site Policies, and Terms and Conditions anytime. Any condition found invalid or unenforceable will be removed, and the remaining conditions will apply.
Access to the Site
Before accessing the website, it is crucial to ensure that your device (such as a computer, laptop, netbook, tablet, or mobile device) meets the necessary technical requirements and is compatible with the site. Certain features or content may only be available to registered users, so accurate registration information is essential. If you are given a log-on ID, keep it confidential and notify us of any unauthorized use or security breaches. We may only enable log-on ID if you comply with our terms and conditions or provide the correct registration details. Blue Bear Clothing & Accessories has partnered with LIKETOBARGAIN, India, to manage certain aspects of the website. LIKETOBARGAIN offers various services to facilitate the website's operation and to enable you to purchase products from bluebearapparel.com. These services include payment processing, customer service, hosting, and delivery logistics. Depending on your location, the Shopify or Stripe payment gateway will be used for payment processing. The Shopify payment gateway is used for customers in the USA and the rest of the world, while the Stripe payment gateway is used for customers in India.
Please note that the delivery logistics service is being provided by the Provider to you, the customer, and as such, you are entering into a contract for delivery services provided by the Provider. The Provider may charge these services, which will be shown before checkout and your purchase of the Products.
Products
Blue Bear Clothing & Accessories owns and sells the products on the website. The product images on the website are for illustrative purposes only. While we strive for accuracy in product descriptions, we cannot guarantee that they are accurate, reliable, or error-free. While we have tried to display the colors accurately, the colors you see may be affected by your monitor and may only partially be accurate.
Purchase for personal use only
When buying products from our site, please note that they are intended for personal use only and not for resale. By placing an order, you confirm that you purchase products solely for personal use and agree to our Terms and Conditions. Neither HP nor the Provider can be held responsible for any loss of profit, business interruption, or missed business opportunities.
Ordering and availability
To order products, click on the item you want and follow the prompts on the screen. You can correct any input errors in your order until you click the "Pay Now" button on the checkout page. Once you place your order, we'll email you confirming that we've received it and giving you an order reference number. Remember that your order has yet to be accepted, and we reserve the right to decline it. When we get your order, we'll email you confirming that the product has been dispatched and our contract will be formed. Please note that availability of products is not guaranteed, and some items may be out of stock or discontinued.
Shipping Costs
You are responsible for the shipping costs associated with the delivery of the Products you purchase on the site as specified on your order confirmation.
Delivery and Shipments
Sometimes, our delivery partner may provide you with options when delivering your order. These include
- not require a signature for delivery,
- giving to a neighbor, reception, or security instead of your address,
- selecting a new delivery date, or
- collecting your package from a nearby collection point.
If you choose any of these options, or if your package is left outside, Blue Bear Clothing & Accessories is not responsible for any loss or damage that may occur during delivery.
We guarantee to deliver your order by the date stated in the Despatch Confirmation or within 30 days if no delivery date has been specified, except in unforeseen circumstances. Once the Products have arrived at your address, delivery is considered complete. If your address is in a remote area, we may not be able to deliver there and will inform you before accepting your order. We cannot deliver to countries where export laws are prohibited or to PO Boxes. Shipping items from a single order to multiple addresses is impossible.
We deliver Monday-Saturday, 8 AM-5 PM, excluding holidays—no guaranteed delivery time. For international orders, customs may charge import duties and taxes. You must pay these fees. Returns may not refund import duties or reclaim from the local customs office if not included in the purchase price.
Pre-Orders
All of our products, except pre-order items, are readily available for shipping. If you purchase a pre-order product, we will provide you with an estimated shipping date, but please be aware that the product may arrive earlier or later than expected. Rest assured that your credit card will be charged at the time of pre-order after our usual fraud checks. The estimated shipping date will be available online. It is important to note that Blue Bear Clothing & Accessories does not assume responsibility for any delays, cancellations, or changes that occur during the production of pre-ordered items. If we cannot send your pre-ordered item by the estimated date, we will promptly notify you and offer either a full refund or an updated estimated shipping date, as per your preference. You will receive two deliveries if your order contains available and pre-ordered items.
Price & Payment
Our website prices may change without notice, but we verify them before shipping. Pricing errors won't affect orders already placed. If the price is higher, we'll contact you. Prices don't include delivery costs, which will be added during checkout. We value your business and aim to provide a seamless shopping experience. We accept major credit and debit cards for payment at checkout. We offer discount codes for online purchases, with terms and conditions. Each code can only be used once and cannot be redeemed for cash. Your card issuer may conduct validation checks; pre-authorization of your credit card is required before dispatch. Payment processing for customers varies by location. The Shopify payment gateway is used for Americas, Europe, Australian, and Africa-based customers, and Stripe for customers from India.
Returns and Refunds
Please ensure that any returned products are in the same condition as when received, unworn, unwashed, undamaged, unused, and with original tags. Accessories must be returned in original boxes and inside a protective shipping box. Failure to follow return obligations may result in a deduction from your refund up to the product's total price.
We operate a special returns policy for certain jewelry Products due to their value and nature. Any jewelry Products with a value of [£X] or more must be returned to us within [7] days of delivery and should be returned in their original packaging in the same condition in which you received them. Please note that it may take longer than normal to process refunds for such jewelry Products due to their nature, as we assess any diminished value whilst within your care.
Returns Process
Return Products in original packaging for protection during transit. Two options are available for canceling and returning purchases. Instructions for returning are included in the delivery package. Depending on where you live, exercise your right to cancel under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 (CCRs). If you choose this option, you will be refunded the full price for the product (s) (subject to our Returns Policy) and the cost of standard delivery. However, you will be liable for the organization and cost of returning the product (s) to us.
Use our Free Returns service. If you choose this option, you can return the product (s) for free and will be refunded the total price for the product (s) (subject to our Returns Policy) but not the delivery charges.
We describe these two options in more detail below.
(i) Your cancellation right: under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 (CCRs) Except concerning certain types of Products (as set out above), you may cancel a contract at any time before your order is delivered and up to 14 days afterward, beginning on the day after you received the Products ("cooling-off period").
(ii) Free Returns Pick Up: We offer a free collection service to all customers for the product (s) you wish to return, except for certain types of Products as set out in the Returns Policy. You have 14 days from receiving your order to return the product to us. We strongly recommend booking your free returns pick-up within 7 days of receiving your order to ensure that it arrives in time. Please note that we can only collect returns from the same country to which your order was delivered.
Privacy
We recommend that you read our Privacy Policy which explains our online privacy practices.
Intellectual Property
Our content is protected by copyright and other intellectual property laws. You need our written consent to use or modify it. We reserve the right to authorize or prohibit any use of our content. If you use it with our permission, comply with all applicable laws.
Licensee and Site Access
By viewing, printing, or downloading any Content from the site, you agree to a limited, nonexclusive, and non transferable license that allows you to use the content solely for your personal use. You may not republish, distribute, assign, sublicense, sell, prepare derivative works, or use any part of the content in any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You will solely be responsible for any damages or harm from using the Site and the Content. Please note that Blue Bear Clothing & Accessories is not liable for any use of the site or the content that violates applicable laws or these Terms and Conditions.
External Links
We may provide links to Third Party Websites, but we cannot guarantee their availability or endorse their content. Use them at your own risk, and we are not liable for any damages resulting from your transactions with them.
Miscellaneous
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us shall be given in writing to the address set out at the end of these Terms and Conditions. We may give information to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
Suppose any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable. In that case, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
All matters arising out of or relating to these Terms and Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement, shall be governed by the law of England and Wales. The Courts of England and Wales shall have the exclusive jurisdiction to settle all legal proceedings arising out of or in connection with these Terms and Conditions.
Disclaimers and limitations of liability
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE bluebearapparel.com SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Privacy
The Terms and Conditions of the Privacy Policy govern the processing of all personal data collected from you in connection with your purchase of Products through the site.
Contacting us
If you have any questions about our Terms and Conditions, an order you placed, or ordering in general, please email us at contact@bluebearapparel.com or write to us at Blue Bear Clothing & Accessories, 571 Monon Blvd, Carmel, Indiana 46032, USA. We are happy to assist you.