Terms & Conditions
Welcome to blendtec.com. Blendtec Inc., provides website features and other products and services to you when you visit or shop at blendtec.com, use Blendtec products or services, use Blendtec applications for mobile, or use software provided by Blendtec in connection with any of the foregoing (collectively, “Blendtec Services”). Blendtec provides the Blendtec Services subject to the following conditions. If you do not intent to be legally bound by these terms and conditions of use, do not access or use the Blendtec Services.
Revised as of May 19, 2015.
By using Blendtec Services, you agree to these conditions. Please read them carefully.
TERMS AND CONDITIONS
Sales from this Internet Site are limited to Customers who are at least 18 years of age, and who are residents of the United States who are purchasing for personal use. Blendtec will NOT accept orders on this site from parties who are underage, who are in other territories, or who intend to purchase products for commercial resale. By submitting an order on this Internet site, you certify that the foregoing requirements are met.
Freight, pricing and payment terms are based on the date, Sub-total amount, and promotional information provided at the time of the order. All shipments will be tendered via the shipment service selected upon checking out. Blendtec reserves the right to select alternative carriers for all shipments. Freight charges will be billed based upon the weight of the product(s) ordered and the destination zip code.
ORDERS AND PAYMENTS
Blendtec accepts only the following methods of credit card payment on this site: VISA, MasterCard, American Express or Discover. We will not accept or process orders made by any form of CASH or CHECK. All orders received by Blendtec are subject to acceptance in Blendtec’s sole and absolute discretion. Once accepted, Blendtec will attempt to fill the order, subject to available inventory within 3-5 days of placing the order. Blendtec will not be liable for delay in or failure to ship products. Blendtec representatives may contact you via phone or email to confirm credit card information, shipping address and other details. Orders received on www.blendtec.com are protected by Secure Socket Layer encryption (SSL) for transaction security. For assistance with orders or cancellation, call 1-800-748-5400. Order status can be obtained by calling Blendtec Customer Service Center at 1-800-748-5400 Monday – Friday 8:00 am – 5:30 pm(MST) and providing your order number.
Blendtec is required by law to collect all applicable sales taxes for all states and municipalities. You authorize Blendtec to charge the applicable sales taxes to your credit card at the time of completion of order shipment.
Product Warranty obligations are limited to those set forth in the printed literature included with the Products. For complete warranty details, call 1-800-748-5400.
RETURNS & REFUNDS
Please review our Return Policy.
When you use any Blendtec Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Blendtec Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Blendtec Service, including, but not limited to, text, designs, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code is the property of Blendtec, its affiliates, or its content suppliers, and protected by United States and international copyright laws. The compilation of all content included in or made available through any Blendtec Service is the exclusive property of Blendtec and protected by U.S. and international copyright laws. Nothing contained in any of the Blendtec Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Blendtec.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Blendtec Service are trademarks or trade dress of Blendtec in the U.S. and other countries. Blendtec’s trademarks and trade dress may not be used in connection with any product or service that is not Blendtec’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blendtec. All other trademarks not owned by Blendtec that appear in any Blendtec Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blendtec. Nothing contained in any of the Blendtec Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Blendtec or its affiliates displayed or contained in the Website without the express, written consent of Blendtec or its affiliates.
One or more patents owned by Blendtec apply to the Blendtec Services and to the features and services accessible via the Blendtec Services. Portions of the Blendtec Services operate under license of one or more patents. Nothing contained in any of the Blendtec Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Blendtec’s patents, licensed patents, or the patentable inventions contained therein without the express, written consent of Blendtec.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use, Blendtec grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Blendtec Services. This license does not include any resale or commercial use of any Blendtec Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Blendtec Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Blendtec. No Blendtec Service, nor any part of any Blendtec Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Blendtec. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Blendtec without express written consent. You may not use any meta tags or any other “hidden text” utilizing Blendtec’s name or trademarks without the express written consent of Blendtec. You may not misuse the Blendtec Services. You may use the Blendtec Services only as permitted by law. The licenses granted by Blendtec terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use the any Blendtec Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or other device, and you agree to accept responsibility for all activities that occur under your account or password.
Blendtec does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Blendtec Services only with involvement of a parent or guardian.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Blendtec reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Blendtec and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Blendtec and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Blendtec for all claims resulting from content you supply. Blendtec has the right but not the obligation to monitor and edit or remove any activity or content. Blendtec takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Blendtec are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Blendtec attempts to be as accurate as possible. However, Blendtec does not warrant that product descriptions or other content of any Blendtec Service is accurate, complete, reliable, current, or error-free. If a product offered by Blendtec itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on any Blendtec Service represents the full retail price listed on the product itself.
All price quotations are subject to change without notice. Prices quoted are in U.S. dollars and do not include freight, handling or delivery charges, air shipment charges, taxes (sales, excise, use, ad valorem, etc.), insurance or any export or import duties. Purchaser shall be responsible for collecting and/or paying any and all such taxes, regardless of whether they are stated in the order acknowledgment for the Products. Such charges may, at Blendtec’s sole and exclusive discretion, be prepaid by Blendtec and added to Purchaser’s order acknowledgment.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
The Blendtec Services were developed in the United States of America in accordance with and shall be governed by the laws of the state of Utah, United States of America. By using any Blendtec Service, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Blendtec.
Any dispute relating in any way to your visit to the Blendtec Services or to products you purchase through the Blendtec Services shall be submitted to confidential arbitration in Salt Lake City, Utah, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Blendtec’s intellectual property rights, Blendtec may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.
These terms and conditions of use apply only to Blendtec Services, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Blendtec Services are provided by Blendtec on an “as is” and “as available” basis. Blendtec makes no representations or warranties of any kind, express or implied, as to the operation of the Blendtec Services or the information, content, materials, or products included on the Blendtec Services. You expressly agree that your use of the Blendtec Services is at your sole risk.
To the fullest extent permissible by applicable law, Blendtec disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Blendtec does not warrant that the Blendtec Services, its servers, or e-mail sent from Blendtec are free of viruses or other harmful components. Blendtec will not be liable for any damages of any kind arising from the use of the Blendtec Services, 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.