My Cart Terms of Sale
This document forms a part of the Terms of Useposted to the Website. Any terms used but not defined herein shall have the meaning set forth in the Terms of Use.
These Terms of Sale define the terms and conditions applicable to your purchases and other transitions on the Website. Blue Sugar New York LLC (the “Company”, “us”, “we”, “our”) reserves the right to modify these Terms of Sale in our discretion at any time. Your purchase of any goods on the Website will be subject to these Terms of Sale as they are posted on the date you place your order (or on the date you place any subsequent orders, as applicable).
Customer Service
Our Customer Service department can be reached in the following ways:
- By mail: Blue Sugar New York LLC Customer Service 900 West End Ave #3C, New York, NY 10025, USA
- By email: stillbluenycom@gmail.com
Delivery Address
We can only deliver our products to locations within the United States of America.
Pricing, Fulfillment & Specifications
Our prices are all in USD, exclusive of taxes, and exclusive of any shipping and handling fees. We use good faith efforts to maintain prices on our Website up to date, and for them to be accurate. However, prices on our Website are updated on a regular basis and are subject to change without notice. If a price posted to the Website is incorrect, in our discretion, the Company may honor the posted price, but it also reserves the right to cancel the applicable order and refund any paid amounts, instead, at its option.
Any discounts or promotions offered on the Website shall be valid only during the period of validity stated on the Website in connection with such offer and may be subject to inventory availability. In no event will any discounts or promotions give rise to any right of payment or reimbursement by you, even if you attempted to place an order during the promotional or discounted period, but we were unable to fulfill it.
We use good faith efforts to accurately describe our products on the Website. However, all such information is provided for informational purposes only, and we take no responsibility and shall not be liable if any descriptions or photographs of the products on the Website are inaccurate, misleading or otherwise incorrect. Also be advised that there can always be differences between the actual Product and a photograph posted to the Website, and that colors of the actual products aren’t always exactly as shown on the Website.
Manufacturer specifications for products are posted in good faith, and we use reasonable efforts in an attempt to ensure these are accurate. However, specifications may change from time to time, and the Website may not always show the most up to date information. Also, products may change or be discontinued without notice.
Placing and Modifying Orders
You may be required to create an account on our Website before you can place an order.
We may refuse your order if you have previously defaulted on any payment obligations to us, or if we suspect fraud, theft or abuse of any kind with respect to any transaction.
Once you successfully place your order on the Website, we will send you a confirmation containing details of your order (e.g., what items you ordered, quantity of items, cost, shipping address, etc.). Once we send this order to the e-mail address you provided when you placed our order (or that under your account, if you created one), you cannot change your order. If you wish to change an order after you make payment on our Website, you must contact our Customer Service department, and we will review your requested changes and attempt to accommodate the changes you request, but we cannot guarantee that we will be able to do so. Bespoke items may be impossible to exchange or modify, as production of such items begins promptly after the order is placed.
If you ordered bespoke (i.e., custom, as opposed to standard off-the-rack), products, you must ensure that the measurements you provide on our Website are accurate prior to placing your order. We are not responsible for any mistakes in the measurements you provide to us. Each bespoke item is created custom based on the order, and we cannot accept exchanges of such bespoke products except if such a product fails our product warranty set forth below. You may not return any bespoke products (but if the product fails our product warranty, we will repair it).
We will use reasonable efforts to send you a confirmation notice once we ship your items. If you have created an account on our Website, you may be able to find information about your order and when it was shipped on our Website.
Shipping Charges
Shipping charges for orders placed on the Website will be calculated and charged based upon the total order size and the shipping address provided. We will inform you what the shipping charges are at the time you place your order, and will charge you for such shipping charges at the same time we process payment for the items you ordered.
Cancellation of Orders by the Company
We try to inform you if a particular item you wish to purchase is not available prior to your purchase. However, it is possible that once an order is placed, we may be unable to fulfill it. If we believe in good faith that we cannot fulfill your order within a reasonable time, we will issue a credit to your original form of payment for any amounts you paid for that order, and send you a notice informing you of the order cancellation.
If the cancellation pertains only to a portion of your order, we will inform you of this fact as well, and refund you only for those items we are unable to ship to you.
Production of Bespoke Items
We use reasonable efforts to ship non-custom products within three (3) business days from the date upon which you place your order. However, we cannot guarantee shipping times. Also keep in mind that carriers can delay delivery, and delivery times may vary. Therefore, receipt of your products may be delayed.
All our products which require customization are produced specifically for you, and this process can take time. We attempt to ship orders of bespoke items within eight (8) weeks of the date upon which the order was placed, but please be aware that the lead time may be longer. We will use reasonable efforts to ship such products so that you receive them within nine (9) weeks of the date on which you placed your order.
Risk of Loss
Risk of loss for all products we sell passes to you when we deliver the products to the shipping provider (e.g., United States Postal Service).
Returns and Exchanges
If any products we send you fail to meet our product warranty as set forth in this document, we will be happy to repair them for you. Once we receive the items back, we will examine them to confirm that the products do not meet our product warranty and to confirm that all other conditions herein are satisfied. If any of these conditions fail, or if we in good faith believe that the product warranty was not breached, we reserve the right not to repair the goods.
There can be no returns of bespoke items.
All goods returned to us must be in original condition, unworn, unwashed and with all tags and stickers intact and still attached in the form they were when the products were shipped to you.
All returns and exchanges must be made by contacting our Customer Service department, and require you to have a return/exchange processing number (which we will give to you once we approve your return or exchange).
If we make a mistake and send you the wrong items, or if the measurements of a bespoke product we send you do not match the measurements you provided to us when you placed your order within +/- 3 centimeters, you must let us know no later than thirty (30) days after the date upon which we put the product in the mail to you. If we receive your notice late, we reserve the right not to accept your return or exchange. If we receive your notice in time, we will ask you to send us back the mistaken items, and once we receive those, will ship you replacement off-the-rack items matching your original order (or if we cannot do so, cancel your order and issue a refund for any products we cannot fulfill) or repair your bespoke suit, if it failed the product warranty herein. We will pay for shipping charges for you to send us back the mistaken items or products that do not match our product warranty, and will also pay for shipping charges of replacement or repaired items sent back to you. However, if we receive the items back, and we disagree that we originally shipped the incorrect items to you or if we believe in good faith that the product warranty was not breached, we reserve the right to charge you for such shipping charges, and you agree to reimburse us for same. If we never receive the returned items, we are not responsible for sending you replacement or repaired products.
Repair Terms
If there is a breach of the product warranty as set forth below, for a bespoke item, please contact our Customer Service department for instructions on how to send it back to us. We will make every effort to repair this item for you, and will do so at no cost to you.
If the warranty period has ended at the time you contact us, we may still be able to repair the item for you, for a fee. Please contact our Customer Services department to discuss this option, and the fees that may apply to such a repair.
If you made an error in the measurements you sent us to produce bespoke items, we may be able to make a repair, for a fee, depending on what the repair might entail. Please contact our Customer Service department to discuss the problem and we will reasonably try to accommodate you.
All shipping charges of products outside the product warranty shall be borne by you.
Product Warranty
Off the Rack Products
Off-the-rack products which we do not manufacture may carry a warranty from their original manufacturer. If so, we will attempt to honor such a warranty.
Bespoke Wetsuits and Accessories
Our bespoke (i.e., custom) wetsuits are warranted to meet every measurement you provided within a tolerance of +/- 3 centimeters.
Transferability
This warranty is not transferrable.
What’s not Covered by our Warranty
If any product is altered or repaired in any way by anyone other than us, we may not honor the warranty.
Any products we sell which are identified as refurbished, or second hand, are not covered by our product warranty.
Any product that has been worn, and other conditions such as fading, stretching, shrinkage, or other damage due to exposure to sunlight or exposure to chemicals (e.g., chlorine), any use, abuse or neglect, are not covered by the warranty.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER ORAL, WRITTEN OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE.
EXCEPT FOR REPLACEMENT OR REFUND OF THE NET PRICE, WHERE APPROPRIATE AND AS SET FORTH IN THESE TERMS, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OCCURRING AS A CONSEQUENCE OF THE FAILURE OF ANY PRODUCT SOLD BY THE COMPANY TO CONFORM TO THE WEIGHT, SPECIFICATIONS AND STANDARDS STATED ON THE WEBSITE.
The Company shall not be liable for any delay in performance under this warranty caused by any contingency beyond the Company's control, including war, government restrictions, strikes, acts of God or reduced supply of materials.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR ANY DAMAGE OR INJURY TO PLANT, PERSONNEL, EQUIPMENT OR PRODUCTS, DIRECTLY OR INDIRECTLY RESULTING FROM THE USE OR MISUSE OF ANY PRODUCT SOLD BY THE COMPANY.
EXCEPT AS OTHERWISE SPECIFICALLY STATED HEREIN, THE LIMITS ON LIABIILTY SET FORTH IN THE TERMS OF USE SHALL APPLY TO ALL PURCHASES MADE ON THE SITE.
Product Care Instructions
Please observe the following care instructions, to ensure your wetsuit or wetsuit accessory lasts you as long as possible:
. These Terms of Sale define the terms and conditions applicable to your purchases and other transitions on the Website. Blue Sugar New York LLC (the “Company”, “us”, “we”, “our”) reserves the right to modify these Terms of Sale in our discretion at any time. Your purchase of any goods on the Website will be subject to these Terms of Sale as they are posted on the date you place your order (or on the date you place any subsequent orders, as applicable).
Customer Service
Our Customer Service department can be reached in the following ways:
- By mail: Blue Sugar New York LLC Customer Service 900 West End Ave #3C, New York, NY 10025, USA
- By email: stillbluenycom@gmail.com
Delivery Address
We can only deliver our products to locations within the United States of America.
Pricing, Fulfillment & Specifications
Our prices are all in USD, exclusive of taxes, and exclusive of any shipping and handling fees. We use good faith efforts to maintain prices on our Website up to date, and for them to be accurate. However, prices on our Website are updated on a regular basis and are subject to change without notice. If a price posted to the Website is incorrect, in our discretion, the Company may honor the posted price, but it also reserves the right to cancel the applicable order and refund any paid amounts, instead, at its option.
Any discounts or promotions offered on the Website shall be valid only during the period of validity stated on the Website in connection with such offer and may be subject to inventory availability. In no event will any discounts or promotions give rise to any right of payment or reimbursement by you, even if you attempted to place an order during the promotional or discounted period, but we were unable to fulfill it.
We use good faith efforts to accurately describe our products on the Website. However, all such information is provided for informational purposes only, and we take no responsibility and shall not be liable if any descriptions or photographs of the products on the Website are inaccurate, misleading or otherwise incorrect. Also be advised that there can always be differences between the actual Product and a photograph posted to the Website, and that colors of the actual products aren’t always exactly as shown on the Website.
Manufacturer specifications for products are posted in good faith, and we use reasonable efforts in an attempt to ensure these are accurate. However, specifications may change from time to time, and the Website may not always show the most up to date information. Also, products may change or be discontinued without notice.
Placing and Modifying Orders
You may be required to create an account on our Website before you can place an order.
We may refuse your order if you have previously defaulted on any payment obligations to us, or if we suspect fraud, theft or abuse of any kind with respect to any transaction.
Once you successfully place your order on the Website, we will send you a confirmation containing details of your order (e.g., what items you ordered, quantity of items, cost, shipping address, etc.). Once we send this order to the e-mail address you provided when you placed our order (or that under your account, if you created one), you cannot change your order. If you wish to change an order after you make payment on our Website, you must contact our Customer Service department, and we will review your requested changes and attempt to accommodate the changes you request, but we cannot guarantee that we will be able to do so. Bespoke items may be impossible to exchange or modify, as production of such items begins promptly after the order is placed.
If you ordered bespoke (i.e., custom, as opposed to standard off-the-rack), products, you must ensure that the measurements you provide on our Website are accurate prior to placing your order. We are not responsible for any mistakes in the measurements you provide to us. Each bespoke item is created custom based on the order, and we cannot accept exchanges of such bespoke products except if such a product fails our product warranty set forth below. You may not return any bespoke products (but if the product fails our product warranty, we will repair it).
We will use reasonable efforts to send you a confirmation notice once we ship your items. If you have created an account on our Website, you may be able to find information about your order and when it was shipped on our Website.
Shipping Charges
Shipping charges for orders placed on the Website will be calculated and charged based upon the total order size and the shipping address provided. We will inform you what the shipping charges are at the time you place your order, and will charge you for such shipping charges at the same time we process payment for the items you ordered.
Cancellation of Orders by the Company
We try to inform you if a particular item you wish to purchase is not available prior to your purchase. However, it is possible that once an order is placed, we may be unable to fulfill it. If we believe in good faith that we cannot fulfill your order within a reasonable time, we will issue a credit to your original form of payment for any amounts you paid for that order, and send you a notice informing you of the order cancellation.
If the cancellation pertains only to a portion of your order, we will inform you of this fact as well, and refund you only for those items we are unable to ship to you.
Production of Bespoke Items
We use reasonable efforts to ship non-custom products within three (3) business days from the date upon which you place your order. However, we cannot guarantee shipping times. Also keep in mind that carriers can delay delivery, and delivery times may vary. Therefore, receipt of your products may be delayed.
All our products which require customization are produced specifically for you, and this process can take time. We attempt to ship orders of bespoke items within eight (8) weeks of the date upon which the order was placed, but please be aware that the lead time may be longer. We will use reasonable efforts to ship such products so that you receive them within nine (9) weeks of the date on which you placed your order.
Risk of Loss
Risk of loss for all products we sell passes to you when we deliver the products to the shipping provider (e.g., United States Postal Service).
Returns and Exchanges
If any products we send you fail to meet our product warranty as set forth in this document, we will be happy to repair them for you. Once we receive the items back, we will examine them to confirm that the products do not meet our product warranty and to confirm that all other conditions herein are satisfied. If any of these conditions fail, or if we in good faith believe that the product warranty was not breached, we reserve the right not to repair the goods.
There can be no returns of bespoke items.
All goods returned to us must be in original condition, unworn, unwashed and with all tags and stickers intact and still attached in the form they were when the products were shipped to you.
All returns and exchanges must be made by contacting our Customer Service department, and require you to have a return/exchange processing number (which we will give to you once we approve your return or exchange).
If we make a mistake and send you the wrong items, or if the measurements of a bespoke product we send you do not match the measurements you provided to us when you placed your order within +/- 3 centimeters, you must let us know no later than thirty (30) days after the date upon which we put the product in the mail to you. If we receive your notice late, we reserve the right not to accept your return or exchange. If we receive your notice in time, we will ask you to send us back the mistaken items, and once we receive those, will ship you replacement off-the-rack items matching your original order (or if we cannot do so, cancel your order and issue a refund for any products we cannot fulfill) or repair your bespoke suit, if it failed the product warranty herein. We will pay for shipping charges for you to send us back the mistaken items or products that do not match our product warranty, and will also pay for shipping charges of replacement or repaired items sent back to you. However, if we receive the items back, and we disagree that we originally shipped the incorrect items to you or if we believe in good faith that the product warranty was not breached, we reserve the right to charge you for such shipping charges, and you agree to reimburse us for same. If we never receive the returned items, we are not responsible for sending you replacement or repaired products.
Repair Terms
If there is a breach of the product warranty as set forth below, for a bespoke item, please contact our Customer Service department for instructions on how to send it back to us. We will make every effort to repair this item for you, and will do so at no cost to you.
If the warranty period has ended at the time you contact us, we may still be able to repair the item for you, for a fee. Please contact our Customer Services department to discuss this option, and the fees that may apply to such a repair.
If you made an error in the measurements you sent us to produce bespoke items, we may be able to make a repair, for a fee, depending on what the repair might entail. Please contact our Customer Service department to discuss the problem and we will reasonably try to accommodate you.
All shipping charges of products outside the product warranty shall be borne by you.
Product Warranty
Off the Rack Products
Off-the-rack products which we do not manufacture may carry a warranty from their original manufacturer. If so, we will attempt to honor such a warranty.
Bespoke Wetsuits and Accessories
Our bespoke (i.e., custom) wetsuits are warranted to meet every measurement you provided within a tolerance of +/- 3 centimeters.
Transferability
This warranty is not transferrable.
What’s not Covered by our Warranty
If any product is altered or repaired in any way by anyone other than us, we may not honor the warranty.
Any products we sell which are identified as refurbished, or second hand, are not covered by our product warranty.
Any product that has been worn, and other conditions such as fading, stretching, shrinkage, or other damage due to exposure to sunlight or exposure to chemicals (e.g., chlorine), any use, abuse or neglect, are not covered by the warranty.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER ORAL, WRITTEN OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE.
EXCEPT FOR REPLACEMENT OR REFUND OF THE NET PRICE, WHERE APPROPRIATE AND AS SET FORTH IN THESE TERMS, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OCCURRING AS A CONSEQUENCE OF THE FAILURE OF ANY PRODUCT SOLD BY THE COMPANY TO CONFORM TO THE WEIGHT, SPECIFICATIONS AND STANDARDS STATED ON THE WEBSITE.
The Company shall not be liable for any delay in performance under this warranty caused by any contingency beyond the Company's control, including war, government restrictions, strikes, acts of God or reduced supply of materials.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR ANY DAMAGE OR INJURY TO PLANT, PERSONNEL, EQUIPMENT OR PRODUCTS, DIRECTLY OR INDIRECTLY RESULTING FROM THE USE OR MISUSE OF ANY PRODUCT SOLD BY THE COMPANY.
EXCEPT AS OTHERWISE SPECIFICALLY STATED HEREIN, THE LIMITS ON LIABIILTY SET FORTH IN THE TERMS OF USE SHALL APPLY TO ALL PURCHASES MADE ON THE SITE.
Product Care Instructions
Please observe the following care instructions, to ensure your wetsuit or wetsuit accessory lasts you as long as possible:
- 1. After each use, be sure to thoroughly rinse your wetsuit or wetsuit accessory out with clean cool fresh water.
- 2. Hang or dry your suit or wetsuit accessory in the shade, using a wide hanger to avoid corners and kinks forming in the material.
- 3. Do not dry your suit or accessory in direct sunlight.
- 4. Take care when getting in and out of your suit, as fingers and toes can sometimes pierce the materials.
- 5. Do not expose your suit to chemicals.
stillbluenycom@gmail.com
