BLUEBIRD TERMS & CONDITIONS

  1. INTRODUCTION

Welcome to the Bluebird Office Supplies internet site (referred to collectively with all other websites and mobile text programs operated by Bluebird Office Supplies and/or one of its affiliates or subsidiaries as the “Site”) Please review these Site terms of use as they govern your use of and purchase of products from our Site. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THIS SITE.

By using the Bluebird Site, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the Bluebird Site and may be found at the place where the relevant service is offered.

Bluebird Office Supplies controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of California, without regard for its conflicts of law provisions. Bluebird Office Supplies and you agree that the Circuit Court in Los Angeles, California, will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these Terms of Use. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

Except for the historical information contained herein, Bluebird Office Supplies matters discussed are forward looking statements that involve risks and uncertainties detailed from time to time in Bluebird Office Supplies’ reports filed with the Securities and Exchange Commission, including Bluebird Office Supplies’ most recent Forms 10-K and 10-Q.

We may change the terms of this Agreement from time to time.  By continuing to use any of the Bluebird Site after we post any such changes, you accept the Agreement, as modified.

  1. USE OF THE BLUEBIRD SITE

You certify that the information you provide on the Bluebird Site is accurate and complete.  You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account.  If you believe someone has used your password or account without your authorization, you must notify Bluebird immediately.  Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Bluebird Site, or any portion any time without notice.

You are prohibited from:

  • Violating or attempting to violate the security of the Bluebird Site;
  • Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Bluebird Site; or
  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Bluebird or other third party web browsers) to navigate or search the Bluebird Site.
  1. SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS

The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Bluebird Office Supplies or its subsidiaries and affiliates (“Bluebird Office Supplies”) or are the property of their respective owners. The name Bluebird Office Supplies and the Bluebird Office Supplies logo are registered marks of Image Source, Inc.

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:

  1. placing an order with Bluebird Office Supplies; or
  2. using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.

Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Bluebird Office Supplies or the applicable copyright owner.

Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Bluebird Office Supplies, is strictly prohibited.

If you choose to leave this Site via links to other non-Bluebird Office Supplies sites, Bluebird Office Supplies is not responsible for the terms of use, privacy policies or the cookies those sites use. Additionally, because Bluebird Office Supplies does not control non-Bluebird Office Supplies sites or the products advertised therein, you acknowledge and agree that Bluebird Office Supplies is not responsible for the availability of such non-Bluebird Office Supplies sites or products, and is neither responsible nor liable for any content, advertising, products, or other materials on or available from such sites. In no event shall any reference to any non-Bluebird Office Supplies site, product or service be construed as an approval or endorsement by Bluebird Office Supplies of such site, product or service. Please see our Privacy Policy for further details.

  1. ORDER ACCEPTANCE AND BILLING

All billing information provided must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation.  Prior to accepting an order we may also request additional information from you.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  Bluebird may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).  You will not be charged for most orders until the order has shipped. Bluebird reserves the right to limit the quantity of items purchased per person, per company or per order for any reason.  These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.  We will the notify customer should such limits be applied.  Bluebird also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Bluebird for the purpose of engaging in a commercial sale of that same product(s) with a third party.

  1. ABOUT OUR PRICES

The prices advertised on this Bluebird Site are for Internet orders unless otherwise noted. Prices on some items may differ from those charged at Bluebird stores. Prices and the availability of items are subject to change without notice. Any “list prices” used on this Site are provided by product manufacturers, distributors or determined based upon comparable products and are subject to change. Your purchase price may vary.

While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the products and programs described in such information, at any time without notice.

There may be certain orders that we are either unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information.

  1. PROMOTIONAL CODES

Promotional codes are limited in nature and may expire or discontinue with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise offered.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Bluebird from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Bluebird Site or any breach by you of this Agreement.

  1. PRIVACY

You acknowledge that any personal information that you provide through the Bluebird Site will be used by Bluebird in accordance with Bluebird’s Privacy Policy at  http://www.dforce2plus.com/0463/PrivacyPolicy, the terms of which are incorporated here by this reference.  If you purchase an item on bluebirdonline.com, certain information is shared to permit, fulfill and ship your order, process returns, and provide customer service.

Feel free to contact us if you have more questions.

You can email us (customerservice@bluebirdonline.com) or write to us at:

Attn: Legal Department Privacy Team
Bluebird Office Supplies, Inc.
PO Box 642380
Los Angeles, CA 90064

We may update this Policy.

From time to time, we may change our privacy policies. We will notify you of any material changes to our Policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

  1. DISCLAIMER OF WARRANTY

THIS SITE IS PROVIDED BY BLUEBIRD ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BLUEBIRD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BLUEBIRD SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE BLUEBIRD SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLUEBIRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, BLUEBIRD DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE BLUEBIRD SITE.  YOU ACKNOWLEDGE, BY YOUR USE OF THE BLUEBIRD SITE, THAT YOUR USE OF THE BLUEBIRD SITE IS AT YOUR SOLE RISK.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BLUEBIRD OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE BLUEBIRD SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BLUEBIRD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL BLUEBIRD BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE BLUEBIRD SITE DURING PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

  1. TERMS OF REVISIONS

Bluebird may revise these terms and conditions by updating this posting. You agree that in the event any portion of this Site’s terms and conditions is found to be unenforceable, the remainder of this Site’s terms and conditions shall remain in full force and in effect. By using this Site, you agree to be bound by any such revision and should therefore periodically visit this page to determine the current terms and conditions of use to which you are bound.

  1. USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU

You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Bluebird Office Supplies (“Transmissions”) shall be and remain Bluebird Office Supplies’ property. By submitting any Transmissions to Bluebird Office Supplies, you represent and warrant that:

  • you are the sole author and owner of the Transmission and any intellectual property rights thereto;
  • all “moral rights” that you may have in such Transmission have been voluntarily waived by you;
  • all Transmissions that you post are accurate;
  • you are at least 13 years old; and
  • use of the Transmission you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any Transmission:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party’s intellectual property rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation;
  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

For any Transmission, you grant Bluebird Office Supplies a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

Bluebird Office Supplies reserves the right to change, condense or delete any Transmission that Bluebird Office Supplies deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Bluebird Office Supplies does not guarantee that you will have any recourse through Bluebird Office Supplies to edit or delete any Transmission you have submitted. Bluebird Office Supplies reserves the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not Bluebird Office Supplies, are responsible for the contents of your Transmission. None of the content that you submit shall be subject to any obligation of confidence on the part of Bluebird Office Supplies, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your Transmission, you agree that Bluebird Office Supplies and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.

  1. NOTICE AND TAKE DOWN PROCEDURES

If you believe any materials (“Materials”) on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of the General Counsel at Bluebird Office Supplies (address below) and provide the following information:

  • A clear statement identifying the works, or other materials believed to be infringed.
  • A statement from the intellectual property owner (“Owner”) or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
  • Sufficient information about the location of the allegedly infringing Materials so that Bluebird Office Supplies can find and verify its existence.
  • Your name, telephone number and e-mail address.
  • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf.
  • A signature or the electronic equivalent from the Owner or authorized representative.

Bluebird Office Supplies’ agent for notice of copyright or trademark issues on the Site can be reached as follows:

Bluebird Office Supplies
PO Box 642380
Los Angeles, CA 90064
Attn: Office of the General Counsel

Bluebird Office Supplies shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Bluebird Office Supplies may use information about your demographics and use of this Site in any manner that does not reveal your identity.

  1. RETURN POLICY

Most items can be returned or exchanged within 30 days of receiving the item.  Items purchased on bluebirdonline.com may be returned either to a store or by mail, unless stated otherwise. Buyer is responsible for return freight. Return instructions will be given when a return authorization is issued for the item to be returned. No Credit will be given for items returned without an approved return authorization. Returns may be subject to re-stocking fees.

Items must be returned in the original manufacturer’s packaging and in saleable condition, so we recommend you keep your packaging for at least the first 30 days after purchase.

Non-Returnable items unless damaged upon receipt:

  1. All Food, beverage and/or Perishable items
  2. All dated materials (Calendars, appointment books, etc)
  3. All Custom/Special Orders items
  4. Items ordered direct from the manufacturer
  5. Index Tabs with Tab titles above # 1000.
  6. Expired Ink and Toner
  7. Assembled Furniture
  8. Open packaging/box and /or missing inside packing materials

All Basic or Common Index Tab Returns are subject to Re-Stocking Fees.
Note: All Claims for damaged and/or defective items must be made with 5 days of receiving the item(s).

  1. CREDITS & REFUNDS

If you have an open account with Bluebird, a credit will be issued on all approved returns and will appear in your next statement.

If you paid by Credit Card, charges for the amount of the approved returns can reversed back to your card or you can opt for a store credit and apply the amount to your next purchase.

  1. SHIPPING TERMS

Free delivery with minimum order is for most items by Bluebird delivery fleet for areas within our Northern and Southern California delivery zones. Custom orders including custom office products, furniture, and heavy items may be subject to a delivery charge. Orders from customers in the said areas must be placed by 5:00 pm PST for Next Day Delivery. Same or next day ship out of items in stock for areas outside our delivery zones.

  1. PRICE MATCHING

Price Match must be requested and approved by the general manager prior to purchase and does not apply to Will Call or Same Day Delivery.