Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of blinkstore.com and related services (collectively, "Site"). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, Return Policy, and any other policies referenced herein, all of which are incorporated by reference.

We may modify these Terms at any time by posting revised Terms on the Site. Your continued use of the Site following any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically. We may also, in our sole discretion, limit access to the Site or any features thereof, to any person, geographic area, or jurisdiction, at any time and without notice.

2. Eligibility and Account

The Site is intended for users who are at least 18 years of age. By using the Site, you represent that you meet this requirement and have the legal capacity to enter into binding contracts.

If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activities under your account. We may suspend or terminate accounts at our discretion without notice or liability.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, without prior notice, for any reason or no reason, including but not limited to violation of these Terms.

3. Products, Pricing, and Availability

All products are subject to availability. We reserve the right to discontinue any product, modify specifications, limit quantities, or change prices at any time without notice. Product descriptions, images, and specifications are provided for informational purposes only and do not constitute warranties of any kind. Actual products may vary from images shown.

We make reasonable efforts to display accurate pricing but errors may occur. If a product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders for that product, even if the order has been confirmed and your payment method charged. In such cases, we will refund the charged amount, but shall have no further liability.

Promotional offers, discounts, and coupons are subject to additional terms and may be modified, suspended, or terminated at any time. We reserve the right to void orders or revoke discounts applied in error or through abuse.

All prices are in U.S. dollars. You are responsible for any applicable taxes, duties, or fees, which will be calculated based on factors we determine in our sole discretion.

4. Orders and Payment

Placing an order constitutes an offer to purchase. Order confirmation does not constitute acceptance; acceptance occurs when the product is shipped. We may accept or reject orders at our discretion. We reserve the right to limit quantities, refuse orders, require verification, or cancel orders after acceptance, including for suspected fraud, suspected reseller activity, or for any other reason.

By providing payment information, you represent that you are authorized to use the payment method. We may verify information before accepting orders and may delay shipment pending verification. You authorize us to charge the total amount, including any applicable taxes and fees.

We may use third-party payment processors. Your use of such services is subject to their terms. We are not responsible for errors, delays, or issues arising from third-party payment services.

5. Shipping and Delivery

Shipping terms are described in our Shipping Policy. Delivery estimates are approximate only and do not constitute guarantees. We are not liable for delays due to carriers, customs, weather, or circumstances beyond our control.

Risk of loss and title for products pass to you upon tender to the carrier. We are not responsible for lost, stolen, or damaged shipments after handoff to the carrier, though we may, at our discretion, assist with carrier claims.

6. Returns and Refunds

Returns are subject to our Return Policy. By making a purchase, you acknowledge and agree to the terms of the Return Policy. We reserve the right to refuse returns that do not comply with the Return Policy and to modify the Return Policy at any time.

7. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, audio, video, data compilations, and software ("Content"), is the property of Blink Store or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without our prior written consent, except as permitted by law.

Any feedback, suggestions, or ideas you submit becomes our property and may be used without compensation or attribution to you.

8. User Conduct

You agree not to use the Site in any way that: (a) violates any law or regulation; (b) infringes the rights of any third party; (c) is fraudulent, deceptive, or misleading; (d) interferes with or disrupts the Site; (e) introduces malicious software; (f) attempts to gain unauthorized access; (g) uses automated systems without permission; (h) collects user information without consent; or (i) is otherwise objectionable as determined by us.

We may monitor activity and may report suspected illegal activity to authorities. We may cooperate with law enforcement without prior notice to you.

9. Third-Party Links and Services

The Site may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for third-party content, policies, or practices. Your interactions with third parties are solely between you and the third party. We disclaim all liability arising from your use of third-party websites or services.

10. DISCLAIMER OF WARRANTIES

THE SITE, PRODUCTS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR ACCURACY OF PRODUCTS OR CONTENT. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLINK STORE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Blink Store and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any law or rights of a third party; or (d) any content you submit. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

13. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that you may assert claims in small claims court if eligible.

YOU AND BLINK STORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. You may only bring claims in your individual capacity.

Arbitration will be conducted in New York, NY, or another mutually agreed location. The arbitrator's decision shall be final and binding. Judgment may be entered in any court of competent jurisdiction.

14. Governing Law

These Terms shall be governed by the laws of the State of New York, USA, without regard to conflict of law principles. Any claims not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction in such courts.

15. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of government, epidemics, pandemics, labor disputes, communication failures, power outages, or third-party service failures.

16. Communications

By providing your contact information, you consent to receive communications from us electronically, including emails, texts, and notifications. You agree that such communications satisfy any legal requirement that communications be in writing. Message and data rates may apply.

17. Assignment

We may assign or transfer these Terms and our rights hereunder, in whole or in part, at any time without notice. You may not assign your rights or delegate your obligations under these Terms without our prior written consent.

18. Severability and Waiver

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in effect, and the invalid provision shall be modified to the minimum extent necessary. Our failure to enforce any right or provision shall not constitute a waiver.

19. Entire Agreement

These Terms, together with our Privacy Policy, Return Policy, Shipping Policy, and any other policies or terms referenced herein or presented at checkout, constitute the entire agreement between you and Blink Store. These Terms supersede all prior agreements, understandings, and representations.

20. Contact

Questions about these Terms may be directed to customer service. Legal inquiries: legal@blinkstore.com.