Terms of service

OVERVIEW

Welcome to Blue Monte!

The terms “we”, “us” and “our” refer to Blue Monte. Blue Monte operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Blue Monte is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all information you provide through our store is correct, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, textures, dimensions, or product appearance may differ from how they appear on your screen due to the device, display settings, lighting, photography, or other factors.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly match their appearance as depicted or rendered in our online store.

All product descriptions, specifications, pricing, and availability are subject to change at any time without notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products from Blue Monte.

Blue Monte reserves the right to accept or decline your order for any lawful reason at our discretion. Your order is not accepted until Blue Monte confirms acceptance.

We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Blue Monte may be unable to accommodate cancellation requests after an order has been accepted or dispatched.

If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided when the order was placed.

Your purchases are subject to our Refund Policy.

You represent and warrant that purchases made through our Services are for your personal or household use and not for unauthorized commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time your order is placed and will be set out in your order confirmation.

Unless otherwise expressly stated, posted prices may not include applicable taxes, shipping, handling, customs duties, or import charges.

Prices displayed in our online store may differ from prices offered in physical stores, marketplaces, authorized retailers, or other stores operated by third parties.

We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific terms will govern in relation to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

(i) the payment information you provide is true, correct, and complete;

(ii) you are duly authorized to use the payment method provided;

(iii) charges incurred by you will be honored by your payment provider; and

(iv) you will pay all charges incurred at the applicable prices, including shipping, handling, taxes, customs duties, or other applicable charges.

SECTION 5 - SHIPPING AND DELIVERY

All shipping and delivery times provided through the Services are estimates only and are not guaranteed.

Blue Monte is not responsible for delays caused by shipping carriers, customs authorities, weather conditions, force majeure events, inaccurate shipping information provided by the customer, or other events outside our reasonable control.

Shipping terms, costs, delivery estimates, customs duties, and other applicable conditions are further described in our Shipping Policy.

Risk of loss or damage will be allocated in accordance with applicable law and the relevant shipping arrangements.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, photographs, videos, audio, product designs, website layouts, and the design, selection, and arrangement thereof, are owned by Blue Monte, its affiliates, partners, or licensors and are protected by applicable copyright, trademark, patent, design, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, license, or commercially exploit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, design right, or other intellectual property belonging to Blue Monte, Shopify, or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws.

All rights not expressly granted herein are reserved by Blue Monte.

Blue Monte’s names, logos, product and service names, designs, and slogans are trademarks of Blue Monte or its affiliates or licensors and may not be used without prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product names, service names, designs, and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without 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. You should ensure that you understand and agree to the terms on which those tools are provided by the relevant third-party provider.

We may also offer new features, services, tools, or resources through the Services in the future. Such new features shall also be deemed part of the Services and shall be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy, security, availability, policies, or practices of third-party websites.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm, loss, or damages arising from your access to any third-party website or your purchase or use of any products, services, resources, or content made available through third-party websites.

Please carefully review the applicable third party’s policies and practices before entering into any transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Blue Monte is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our store are made directly with Blue Monte.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Blue Monte, including any injury, damage, loss, dispute, refund, return, or other matter resulting from products or services purchased from Blue Monte.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to purchases and transactions with Blue Monte.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be processed by Shopify in accordance with Shopify’s applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide, maintain, secure, and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, including parties located in jurisdictions other than the jurisdiction in which you reside, where necessary to provide the Services.

Please review our Privacy Policy for additional information regarding how Blue Monte, Shopify, and our service providers collect, use, disclose, and protect personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photographs, comments, or other content (collectively, “Feedback”), you grant Blue Monte a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, distribute, translate, display, and otherwise use such Feedback in any medium for any lawful purpose, including commercial purposes.

You represent and warrant that:

(i) you own or have all necessary rights to the Feedback;

(ii) you have disclosed any compensation, incentives, or other material connections relating to your submission where required by applicable law; and

(iii) your Feedback complies with these Terms.

We are under no obligation to:

(1) maintain Feedback in confidence;

(2) pay compensation for Feedback; or

(3) respond to Feedback.

We may, but have no obligation to, monitor, edit, reject, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, infringing, misleading, or otherwise objectionable.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive, defamatory, obscene, or malicious material, or any virus or malware that could interfere with the operation of the Services.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times, inventory, availability, or other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time, including after you have submitted an order, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful, fraudulent, abusive, or malicious purpose;

(b) to violate any applicable international, federal, national, provincial, state, territorial, or local law or regulation;

(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, threaten, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person;

(e) to transmit false, fraudulent, deceptive, or misleading information;

(f) to upload, download, transmit, use, or reuse any material that violates these Terms;

(g) to transmit unsolicited advertising or promotional materials, including spam, junk mail, chain letters, or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm Blue Monte, Shopify, our partners, or users of the Services.

In addition, you agree not to:

(a) upload or transmit viruses, malicious code, or other harmful technology;

(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services except as expressly permitted;

(c) unlawfully collect or track personal information belonging to others;

(d) engage in phishing, pharming, scraping, spamming, pretexting, or similar abusive practices;

(e) use robots, spiders, scraping tools, data extraction tools, automated devices, automated agents, AI agents, or other automated or manual processes to access, extract from, interfere with, or exploit the Services except as expressly authorized by us; or

(f) interfere with, bypass, circumvent, disable, or defeat any security, access-control, robot exclusion, authorization, or technological measures used in connection with the Services.

We reserve the right to suspend, restrict, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

“Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can operate without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements described below.

No Agent may access, use, or interact with the Services where Blue Monte has requested that such Agent refrain from doing so.

14.3 Blue Monte may use technical or organizational measures to limit whether and how Agents access, use, or interact with the Services.

14.4 Agents must:

(i) identify themselves as automated or agent-based systems in applicable HTTP/HTTPS requests and disclose the relevant Agent name where technically appropriate;

(ii) not conceal or misrepresent automated access as human activity;

(iii) not circumvent CAPTCHAs or other systems intended to distinguish automated access from human access;

(iv) respond truthfully to requests intended to determine whether an interaction originates from a human or automated system; and

(v) not circumvent measures intended to block, restrict, modify, or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate these Terms or restrict or terminate your access to the Services, in whole or in part, where permitted by applicable law, including where you breach these Terms or misuse the Services.

You remain responsible for all amounts lawfully due up to the effective date of termination.

The provisions concerning Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy, and any other provisions that by their nature should survive termination will continue after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available primarily for general informational and commercial purposes.

We do not warrant that all information will always be complete, current, accurate, or error-free.

Any reliance you place on information provided through the Services is at your own risk, subject to any rights that cannot lawfully be excluded.

EXCEPT AS EXPRESSLY STATED BY BLUE MONTE OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, GUARANTEE, OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUE MONTE AND OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN WHERE THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED.

THE FOREGOING LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT LIABILITY WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Blue Monte, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, liabilities, damages, claims, and reasonable legal fees payable to a third party arising out of:

(1) your material breach of these Terms of Service or documents incorporated by reference;

(2) your violation of applicable law or the rights of a third party; or

(3) your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim where practicable.

Failure to provide prompt notice will not relieve you of your obligations except to the extent that you are materially prejudiced.

We may control the defense and settlement of an indemnified claim, including the selection of counsel, provided that we will not agree to a settlement requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defense of indemnified claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law.

The invalid or unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies, notices, guidelines, or operating rules posted by us in connection with the Services, constitute the entire agreement between you and Blue Monte concerning your use of the Services and supersede prior or contemporaneous agreements, communications, proposals, or understandings relating to the same subject matter.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against either party solely because that party drafted the Terms.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent.

Any attempted assignment in violation of this section may be void to the extent permitted by applicable law.

We may transfer, assign, or delegate these Terms and our rights and obligations to an affiliate, successor, purchaser of our business, or another party where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law principles.

Subject to any mandatory rights or jurisdiction available to consumers under applicable law, any dispute arising out of or relating to these Terms or the Services shall be submitted to the competent courts of Hong Kong SAR.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, modify, or replace any portion of these Terms by posting revisions to our website.

Where required by applicable law, we will provide notice of material changes before such changes become effective.

Your continued use of or access to the Services after revised Terms become effective constitutes acceptance of those revised Terms, except where applicable law requires another form of consent.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service should be sent to:

Blue Monte

Email:
Info@bluemonte.design

Business Address:
1008 Tai Nan West Street
Room 15, 11/F
Cheung Sha Wan
Hong Kong SAR