Terms of Use

Welcome to the BLUNT Umbrellas US website, operated by Madeblunt USA, Inc (California Secretary of State Entity No. 5333938) doing business as Blunt Umbrellas (“BLUNT”) and located at www.bluntumbrellas.com (collectively, the “Site”). Throughout the Site, the terms “we”, “us” and “our” refer to BLUNT. The following terms and conditions (“Terms”) govern your use of the Site.

By accessing, viewing, or using the content, material, goods, or services available on or through the Site, you certify that:

1. You have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth.
2. You are at least the age of majority in your place of residence;
3. You have all the necessary rights, power, and authority to enter into this Agreement and perform the obligations set forth under this Agreement;
4. You understand and agree that your use of the Site or any content, material, goods, or services made available on or through the Site signifies that you fully accept and agree to these Terms of Use;
5. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
6. You are not listed on any U.S. Government list of prohibited or restricted parties.

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.

1. Contacting the Site

If you have any questions about BLUNT’s Site Terms and Conditions or the practices of BLUNT with respect to personal information or your dealings with this Site, you can contact us via info@bluntumbrellas.com.

2. Account Registration

In order to access certain content, material, goods or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a username and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, and email address. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. BLUNT will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by BLUNT or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.

Any personal information that you provide to us via the Site is subject to our Privacy Policy.

 3. Purchases

Some goods or services made available through the Site may be available for purchase (“Goods” or “Services”). By purchasing Goods or Services made available through the Site, you represent that you have reached the age of majority and have the legal capacity to enter into a contract as per the country you reside in or from where you are accessing the Site. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. BLUNT may use a third-party payment processor to process credit card transactions made through the Site. All sales are subject to our shipping and return policies, which shall be made available to you on the Site (and within these Terms). All refunds are at BLUNT’s sole discretion.

All prices that appear on the Site and in these Terms are in US dollars. For any Shipping costs for orders to be delivered within the USA, please refer to our Shipping information page.

4. Cancellation of Order / Refund Policy

You may cancel your order at any time before BLUNT dispatch your order. Cancellation of your order must be done by email to info@bluntumbrellas.com. If you cancel your order before we have dispatched the Goods, BLUNT will refund to you the price of the Goods. Depending on which payment method you originally used to pay for the Goods, this may take up to 10 working days to process. We reserve the right to accept or reject your order in whole or in part, or to cancel any order that we have accepted in whole or in part at any time prior to shipment of the Goods, for any reason including, without limitation, the unavailability of any Goods, an error in the price or the description of Goods on the Site, an error in your order, or us not receiving payment in full. Where we cancel an order in whole or in part after we have accepted it, we will notify you of the cancellation by email and will refund your payment but will have no other obligations to you in respect of the order (or the cancelled part of the order, as applicable).

We offer returns/exchanges on unused Goods within 30 days from the date of accepting Goods. Refunds and exchanges will only be processed if Goods are in original, resellable condition, and in its original unmarked box with hang tags. If returned in unsellable condition, we reserve the right to refuse a refund and will return the Goods back to you. You are responsible for the cost of returning the Goods as well as for the proper packaging to ensure the Goods are returned in original condition. All postage costs to return the Goods are to be incurred by you.  We recommend that you return the product via internationally recognized carrier and that you pre-pay all carrier costs. You assume any risk of lost, theft or damaged Goods during transit; therefore, BLUNT recommend you take out shipment registration and insurance with your carrier. BLUNT will not be responsible for parcels lost or damaged in transit.

Returns/exchanges only apply to purchases made online at www.bluntumbrellas.com and must be approved by BLUNT prior to returning the Goods. Please get in touch with our customer service team at info@bluntumbrellas.com and provide your online order number and reasons for your return/exchange. BLUNT will respond with instructions on how to proceed. We do not accept returns from Stockists/resellers. Please get in touch with your original place of purchase to do so.

We will refund your money within 30 days pending return of the original, undamaged Goods within the timeframe outlined above. BLUNT will not refund your payment if the goods are not returned.

5. Right of withdrawal

Unless exceptions apply, then you may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

If you do not fit this qualification, you cannot benefit from the rights described in this section.

Exercising the right of withdrawal

To exercise their right of withdrawal, you must send to us an unequivocal statement of your intention to withdraw from the contract.

To this end, you may use the following template withdrawal form:

Sample withdrawal form

Addressed to:

www.bluntumbrellas.com
info@bluntumbrellas.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following [goods or] service[s]:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

Ordered on: _____________________________________________ (insert the date)

Received on: _____________________________________________ (insert the date)

Name of consumer(s):_____________________________________________

Address of consumer(s):_____________________________________________

Date: _____________________________________________

(sign if this form is notified on paper)

 However, you are free to express your intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which you can exercise such right, you must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

• Regarding the purchase of Goods,the withdrawal period expires 14 days after the day on which you or a third party – other than the carrier designated by you – takes physical possession of the Goods.
• Regarding the purchase of several Goods ordered togetherbut delivered separately or in case of purchase of a single Good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which you or a third party – other than the carrier designated by you – acquires physical possession of the last Good, lot or piece.

Effects of withdrawal

If you correctly withdraw from a contract you will be reimbursed by us for all payments made by you, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by us, will not be reimbursed.

Such reimbursement shall be made by us immediately and, in any event, no later than 14 days from the day on which we are informed of the your decision to withdraw from the contract. Unless otherwise agreed with us, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, you shall not incur any costs or fees as a result of such reimbursement.

Unless we have offered to collect the Goods, you shall send back the Goods or hand them over to us, or to a person authorized by us to receive the Goods, without delay and in any event within 14 days from the day on which you communicated your decision to withdraw from the contract.

The deadline is met if the Goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the Goods. The reimbursement may be withheld until reception of the Goods, or until you have supplied evidence of having returned the goods, whichever is the earliest.

You shall only be liable for any diminished value of the Goods resulting from the handling of the Goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the Goods are borne by you.

6. General Restrictions on Use

You agree to use the Site and the Goods only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and the Goods  for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

You will not (and will not attempt to):

• Access any of the Site or the Goods by any means other than through the interface that is provided by BLUNT;
• Gain unauthorized access to BLUNT’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Goods, BLUNT’s networks and computer systems;
• Access any of the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers);
• Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
• Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Goods for any purpose; or
• Reproduce, duplicate, copy, sell, trade or resell any Goods or Services bearing any trademark, service mark, trade name, logo or service mark owned by BLUNT in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

7. Content

BLUNT owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to BLUNT or its affiliates, licensors, distributors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate relevant trademark laws. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by BLUNT on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to BLUNT, you grant BLUNT a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, BLUNT shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.

8. Intellectual Property

We (and in some circumstances, our licensors and/or distributors) own all proprietary and intellectual property rights in the Goods, the Site (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) and the underlying systems. You must not copy, reproduce, adapt, translate, reverse-engineer or make derivative works from the whole or any part of the Goods or their underlying designs or technology; or the Site or the underlying systems.

9. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, Goods, or Services made available on or through the Site, but, although not obligated to, may review, verify, make changes to, or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.

10. Disclaimers and Warranties

BLUNT reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. BLUNT is not liable to fulfil the order in case of stock outage or unavailability of Goods. We have made every effort to display as accurately as possible the colours of our Goods that appear at the Site, but we cannot guarantee that your computer monitor's display of any colour will be accurate.

BLUNT expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Goods, Site Content, advice, information or links provided on the Site will meet your requirements; ((ii) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.

You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. BLUNT assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site.

No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or the Goods except to the extent that they are expressly set out in these Terms.

11. Product Warranty and Repairs

Goods purchased from Site carry the full 2-year global manufacturer’s warranty. Our manufacturer’s warranty is a promise to repair or replace a faulty product within a set time period. This covers any faults caused by the way the product has been made, including but not limited to: part failures, material defects, and production line errors. Any damage or deterioration resulting from accident, misuse, abnormal service or handling or neglect is not covered under our manufacturer’s warranty.

All 2-year global manufacturer’s warranty will be honoured under the following provisions: (i) you must keep your original receipt as proof of purchase; (ii) no unauthorised repairs or parts have been conducted or used on the Goods prior to the warranty claim; (iii) warranty returns must be securely packaged to prevent damage during transit.

Within warranty:
Before returning Goods to BLUNT for repair under warranty, you must contact BLUNT via email at info@bluntumbrellas.com. Returns must be approved at BLUNT’s discretion. BLUNT will respond with instructions on how to proceed. Any repairs covered by the product warranty stated above will be covered by BLUNT. If we identify that your item can not be repaired, and it falls within the warranty stated above a replacement will be offered.

Outside warranty:
If any Goods fall outside of the warranty period stated above, we can still offer to repair your Goods for you, however, all postage costs are to be incurred by you. BLUNT recommend that you return the product via internationally recognized carrier and that you pre-pay all postage. You assume any risk of lost, theft or damaged Goods during transit; therefore, BLUNT recommend you take out shipment registration and insurance with your carrier. BLUNT will not be responsible for parcels lost or damaged in transit if you choose not to insure. Depending on the repair needed to be done a small fee may also be charged, BLUNT will advise on this cost prior to actioning a repair. If we identify that your item can not be repaired it is at the discretion of BLUNT that we can offer a refurbished item, however, this will be a cost incurred by you.

12. Liability and Indemnification

General

To the maximum extent permitted by applicable law, in no event shall BLUNT, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Site or the goods; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site or goods;
• any unauthorized access to or use of the BLUNT’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Site;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or
• the defamatory, offensive, or illegal conduct by you or any third party. In no event shall BLUNT, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by you to BLUNT hereunder in the preceding 12 months, or the period of duration of this agreement between the you and BLUNT, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to you. The terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms may not apply, but if so, only to the extent prohibited by applicable law.

IF YOU ARE DISSATISFIED WITH THE SITE, THE GOODS, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE GOODS.

Jurisdiction Specific

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Commonwealth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at our sole discretion, to the supply of Goods, re-performance of the Services or the payment of the cost of having the Services supplied or Goods re-supplied again.

US Users

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Site is at your own risk. To the maximum extent permitted by applicable law, BLUNT expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by you from BLUNT or through the Site will create any warranty not expressly stated herein.

Without limiting the foregoing, BLUNT, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at your own risk and you shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site.

BLUNT does not warrant, endorse, guarantee, or assume responsibility for any goods or service advertised or offered by a third party through the Site or any hyperlinked website or service, and BLUNT shall not be a party to or in any way monitor any transaction between you and third-party providers of goods or services.

The Site may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. BLUNT cannot be held liable for any perceived or actual damages arising from Site content, operation, or use of this Site or the lack thereof.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement may not apply, but if so, only to the extent prohibited by applicable law.

13. Indemnity

You agree to defend, indemnify and hold harmless BLUNT, its officers, directors, members, employees, agents, affiliates, licensors, distributors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site and the Goods; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this Site using your Internet account or account login. This defence and indemnification obligation will survive these Terms and your use of the Site and the Goods. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defence. You may not settle any claim contemplated in this Section 12 without the prior written consent of BLUNT.

14. Links to Other Sites

The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies/trackers to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that BLUNT has no control over these websites and that these Terms of Use do not apply to any third-party websites. BLUNT cannot be held responsible for those websites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those websites or external sources. BLUNT encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

15. Complaint Procedures

If you believe that any content or postings on the Site violates your intellectual property or other rights, please notify BLUNT by email at info@bluntumbrellas.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

16. Dispute Resolution

THE ARBITRATION AGREEMENT IN THIS SECTION 17 CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

YOU AND BLUNT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in San Francisco, California, unless BLUNT elects otherwise. You can begin an arbitration proceeding by sending an email requesting arbitration and describing your claim to info@bluntumbrellas.com.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and BLUNT agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and BLUNT hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California. The arbitrator shall not be bound by rulings in prior arbitrations involving different BLUNT users, but is bound by rulings in prior arbitrations involving the same BLUNT user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, BLUNT will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by BLUNT should be submitted by mail to the AAA along with your demand for arbitration and BLUNT will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, BLUNT will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse BLUNT for all fees associated with the arbitration paid by BLUNT on your behalf that you otherwise would be obligated to pay under the AAA's rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the BLUNT account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

17. Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California without regard to choice of law principles.

Any disputes relating to a contract under there Terms shall be subject to the exclusive jurisdiction of the courts of California.

Exception for European Consumers

If you qualify as a European Consumer (being a natural person who is domiciled or habitually resident in a European Union Member State) where the law provides for a higher consumer protection standard, such higher standards shall prevail.

As a result, any European Consumer or Consumer based in Norway, Iceland, Switzerland or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.

18. Suspension and termination

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Site (or any part of it). If you wish to have your account deleted, please contact us at info@bluntumbrellas.com. On suspension or termination, you must immediately cease using the Site and must not attempt to gain further access.

19. Miscellaneous

These Terms, including the Privacy Policy, constitute the whole legal agreement between you and BLUNT and govern your use of the Site, the Goods, and any transactions you may have with BLUNT through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and BLUNT in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that BLUNT may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, BLUNT will make a new copy of the Terms of Use available on the Site. You agree that BLUNT is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that if BLUNT does not exercise or enforce any legal right or remedy which is contained in these Terms (or which BLUNT has the benefit of under the California law), this will not be taken to be a formal waiver of BLUNT’s rights and that those rights or remedies will still be available to BLUNT. If the courts of California, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

The Site is controlled and operated from within both the USA and New Zealand. Without limiting anything else, BLUNT makes no representation that the Site, Site Content, Comments, Services, Goods, information, or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.

We will not file a copy of these Terms specifically in relation to each customer and, if we update these Terms, the version to which you originally agreed to will no longer be available on our Site. We recommend that you consider saving a copy of these Terms for future reference.

These Terms are available in the English language only.

Don't hesitate to get in touch if you have any queries.

info@bluntumbrellas.com

Updated April 12^th, 2023