Marketplace Terms

These Marketplace terms and conditions (“Marketplace Terms”) govern your use of and any purchases that you make through the Bluechipelite.com Marketplace site (“Site” or “Marketplace”).

By using or accessing the Marketplace, you acknowledge that you have read and understood these Marketplace Terms and the Terms and Conditions (collectively, the “Agreement”) and agree to be bound by all of its provisions, including the arbitration clause and class action waiver described in “Governing Law and Arbitration” of the Terms and Conditions (except for matters that may be taken to small-claims court).

We may modify these Marketplace Terms from time to time, with or without notice, and your continued use of the Site after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of these Marketplace Terms, you must immediately cease use of the Site.

The Marketplace

The Marketplace is a site that allows buyers to locate and purchase products and services from sellers subject to these Marketplace Terms. When you make a purchase through the Site, you are purchasing the product from the seller and not from Blue Chip Elite (“BCE” or “us”). BCE is not the merchant of record and the actual contract for sale is directly between you and the seller. You agree that BCE is not an agent for you or for the seller and has no authority to act on your or on a seller’s behalf.

Registration and Accounts

If you elect to register for an Account and save the information you provide to us, your information may be available for use on other services on the Bluechipelite.com site. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the Account button and selecting the appropriate link.

Use of the Site

BCE may exclude any buyer, including you, from making purchases in the Site at any time and for any reason. Resellers may not purchase products on the Site and BCE reserves the right, at its sole discretion, to cancel such purchase.

Termination and Suspension

You also agree that BCE may, in its sole discretion, and without prior notice to you, terminate or suspend your access to the Site and/or your Account for any reason. You agree that BCE will not be liable to you or to any third party for termination of your access to the Site.

By establishing an Account with us or by making a purchase through our Site, you grant permission for BCE to contact you at your e-mail address and send you marketing emails related to the Marketplace, our affiliates, and our business partners. You can opt-out of receiving our marketing emails, by contacting us at support@bluechipelite.com or by following the opt-out procedures set forth in such marketing emails. If you have an Account, you may also opt-out of receiving marketing emails by updating your Account settings.

Shipment

Shipment of the products you purchase in the Site are made by the seller and not BCE. You agree that BCE has no obligation to ship any product you purchase in the Site. You agree that BCE may provide the seller your shipping address for shipment of the products you purchase. You agree to pay the shipping charges in full for any product that you purchase.

Privacy

Our collection, use and disclosure of your personal information is governed by our Privacy Policy. Please review it carefully to understand our practices.

Conditions of Sale and Payment

To purchase any goods and/or services on the Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America or the District of Columbia, exclusive of its commonwealths, territories, and possessions (“United States”). Alcohol listings on the Site are intended for adults at least 21 years of age. You must be of at least 21 years of age to purchase alcohol and/or use any Site functionality related to alcohol. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information, including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable. Your payment card information may be saved so it may be available to use

All payments must be made by credit cards (VISA, MasterCard, American Express, Stripr, Paypal), debit cards, or other payment method specified by BCE in its sole discretion. Your credit card will be authorized for the entire order amount immediately upon your placement of the order, and you will be charged immediately upon BCE’s receipt of service confirmation by the seller. You hereby authorize BCE to charge your credit card accounts for any amount that you may owe BCE or the seller. In addition, BCE may also set off any amounts that you owe to BCE or the seller against any amounts owed to you by BCE or the seller. IN FACILITATING YOUR PAYMENT TO THE SELLER, BCE DOES NOT PROVIDE YOUR CREDIT CARD INFORMATION TO THE SELLER.

Taxes

You agree that you are responsible for determining any applicable taxes that you may owe as a result of your Marketplace purchase. You agree (a) that BCE has no responsibility to collect, report or remit any applicable taxes in connection with your purchase, and (b) to fully indemnify and hold harmless BCE and its affiliates and their respective officers, directors, employees and agents for any claims, liabilities, losses, fines, costs and expenses (including reasonable attorneys’ fees) arising out of or related to any ruling by any governmental authority that BCE or you have a tax remittance or reporting obligation in any state on account of your purchase of Products through the Site, whether or not due to any action or inaction by BCE. Without limiting the generality of the foregoing, BCE may automatically charge sales tax with respect to any products shipped to certain states in the United States and its territories, as determined by Bluechipelite.comin its sole discretion. Such amounts shall be remitted by BCE to the state from amounts received by BCE from customers.

Changing or Cancelling Marketplace Orders

Once you have placed an order for a product in the Marketplace, seller will be handling all aspects of the order process. BCE will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact the seller for any changes or cancellations that you wish to make to your order. The seller’s contact information can be found in your order detail located in your Account or in the email sent to you confirming your order.

Marketplace Customer Service

Other than to verify that payment to the seller was completed and except as otherwise set forth on the Site, BCE does not provide any customer support for any purchase you make through the marketplace, and you agree that BCE is not responsible to provide any such support. If you have any questions about the product you purchased or your shipment you must contact the seller of your product directly for any customer support that you need. The seller’s contact information can be found in your order detail located in your Account.

Marketplace Returns

You may not make any returns to BCE of products you purchase in the Site. You must contact directly the seller for any product returns that you wish to make. Please review seller policies on returns prior to making your purchase. The seller’s contact information can be found in your order detail located in your Account or your purchase confirmation email.

Marketplace Feedback

You agree that feedback you provide concerning Marketplace sellers will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property right, or other rights of any third party. You agree that BCE may edit your feedback in any way that BCE sees fit and that BCE may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you.

You hereby grant to BCE and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the feedback in any media and for any legal purpose, including, without limitation, the right to use the feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.

Copyright Policy

BCE respects the intellectual property of others, and we ask our users to do the same. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, based on our review and at our discretion, is it our policy to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights.

If you believe that your work has been copied in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you can request that we take down the infringing material by filing a DMCA Notice (“Notice”) with BCE. If your material has been removed as a result of a DMCA Notice, you may file a Counter-Notice requesting that the material be restored. Please note that we do not make any legal decisions about the validity of your claims. Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

Filing A DMCA Notice

To file a DMCA Notice with BCE, you may send us a written notice by email, postal mail, or fax. When we receive a clear and valid Notice pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing material or blocking access to it. We may contact the Notice provider to request additional information. We reserve the right to ignore a Notice that is not in compliance with the DMCA.

Your Notice must include the following:

  • Your full legal name
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material that is allegedly infringed;
  • A description of the allegedly infringing work or material;
  • A description of where the allegedly infringing material is located on the Site;
  • Information reasonably sufficient to allow us to contact you, such as your physical address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law: “I have a good faith belief that the use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law”;
  • A statement that you attest to the accuracy of the notice and your ownership rights: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Filing A DMCA Counter-Notice

If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice asking for the allegedly infringing material to be restored.

When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting its removal. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA.

Your Counter-Notice must include the following:

  • Your full legal name, address, telephone number and email address (if available).
  • A list and description of all material(s) that were removed by BCE and a description of where the material(s) was/were located
  • A statement and attestation that you have a good faith belief that the content was removed in error: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or any judicial district in which BCE may be found if your address is outside of the United States) and that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
  • Your physical or electronic signature.

DMCA Notices and Counter-Notices should be sent to Bluechipelite.com Legal Department as follows:

By email:  legal@bluechipelite.com

Claim Process and Refunds.

If you do not receive your product or you have received a product that is defective, damaged, or that does not match the description contained in the Site, you must contact the seller directly to attempt to resolve the problem. The seller’s contact information can be found in your order detail located in your My Account or in the email sent to you confirming your order.

BCE IS NOT THE SELLER OR MERCHANT OF RECORD OF ANY OF THE GOODS OR SERVICES ON THE SITE. BCE HAS INSTITUTED A CLAIM PROCESS TO ASSIST YOU WITH CLAIMS THAT YOU MAY HAVE WITH THE SELLER. BECAUSE THE SITE ALLOWS YOU TO MAKE THE PURCHASE THROUGH THE BCE BASKET WITHOUT YOU HAVING TO PASS YOUR CREDIT CARD TO THE SELLER, BCE CHARGES YOUR CREDIT CARD FOR THE SALE. ANY DISPUTE BROUGHT BY YOU THROUGH YOUR CREDIT CARD COMPANY AFFECTS BCE RATHER THAN THE SELLER. THEREFORE, YOU CANNOT SUBMIT A CLAIM IF YOU HAVE INSTRUCTED YOUR CREDIT CARD COMPANY TO DISPUTE THE CHARGE. IN ADDITION, BCE MAY PREVENT FURTHER PURCHASES BY YOU THROUGH THE MARKETPLACE IF YOU HAVE INSTRUCTED YOUR CREDIT CARD COMPANY TO DISPUTE THE CHARGES MADE THROUGH THE MARETPLACE.

RELEASE

IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE SITE, OR BETWEEN YOU AND A SELLER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, YOU HEREBY RELEASE BCE AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.

YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU AGREE TO THESE MARKETPLACE TERMS. YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH [YOU] DO NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR [RELEASEES]”

Miscellaneous

These Marketplace Terms may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Marketplace Terms shall be null and void. BCE may freely assign these Marketplace Terms without consent or notice. Headings under these Marketplace Terms intended only for convenience and shall not affect the interpretation of these Marketplace Terms. Any waiver or failure to enforce any provision of these Marketplace Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Marketplace Terms is held to be invalid, such invalidity shall not affect the remaining provisions. These Marketplace Terms, including the Terms and Conditions, represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of these Marketplace Terms that may have been accepted by you). We reserve the right to modify these Marketplace Terms at any time. Your non-termination and continued use of the Site after such modification will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. These Marketplace Terms will bind and inure to the benefit of BCE’s successors and assigns.

Effective Date: January 23, 2019