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Terms of Use

By using the website bluefishretail.com or any of the products or services provided by Bluefish Retail Ltd (“Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Use”).

This is an agreement between you (including your employees, agents and subcontractors) (“You”) and Bluefish Retail Ltd (“Bluefish Retail”) governing your use of the services, superseding any prior agreements between you and Bluefish Retail including but not limited to any previous version of this agreement.

Bluefish Retail reserves the right to update or change this agreement without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. New features added to the Services shall be subject to these Terms of Use and the failure of Bluefish Retail to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

Violation of any of the Terms of Use may result in the suspension or termination of your Account. While Bluefish Retail prohibits unauthorised conduct and content on the Services as indicated by the Terms of Use, you may be exposed to such materials and you agree to use the Services at your own risk.

User Accounts

You must be a living person. Accounts must not be registered or run through automated methods. You must provide your full legal name, a valid email address and any other information requested in order to complete the signup process.

You recognise that login pages for your account(s) are publically visible and that you are responsible for maintaining the security of login information (Username & Password) for all of your accounts for any of the Services. Bluefish Retail will not be liable for any loss or damage resulting from failure to comply with this condition.

You may not use your account for any illegal or unauthorized purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws).

Uploading any restricted content may result in immediate account termination. You must not upload, post, host or transmit restricted items to or from the Services including but not limited to unsolicited email, SMS’s, spam messages, worms, viruses or code of a destructive nature, questionable, Illegal or copyrighted material.

Bluestore Live Billing

A free trial period (“Trial Period”) begins when you sign up and is offered for the number of days specified in our advertising at the time of sign up. At the end of the Trial Period you can continue with the Bluestore Live service by paying for the first monthly billing cycle with a valid credit or debit card. We reserve the right to delete your account and all of your data after the Trial Period has ended if no cleared payment has been made for the first monthly billing cycle.

Payment is due in advance at the start of each monthly billing cycle and is non-refundable. Your billing cycle starts on the day that your Trial Period ends and payment becomes due on each subsequent billing cycle date. Late payments may result in account suspension and possible cancellation.

There will be no refunds or credits for partial months of service, downgraded features, or refunds for periods where your account is open but unused.

After payment has been taken for the first monthly billing cycle your card details are stored securely with our fully PCI compliant payment provider, Yes Pay International Pvt. Ltd (www.yes-pay.net). Bluefish Retail have no access to your card details. Payment is charged as each monthly billing cycle becomes due using a token provided to us by Yes Pay that references your payment card.

Our monthly fees are exclusive of UK VAT. You are responsible for payment of VAT in relation to charges for the Services. VAT will not be charged for EU customers with a valid VAT number or customers outside the EU.

Bluestore Live Account Cancellation, Right to Monitor and Right of Refusal

Bluestore Live accounts can be cancelled at any time by submitting a ticket on our support site.

Upon cancellation of an account, payment is to be made up to the end of the current monthly billing cycle, no refunds will be given.

Cancelled accounts will be closed and have their data archived in a secure backup facility for 1 month. This data is owned by you and can be deleted or supplied to you within this timeframe if required.

Bluefish Retail have no obligation to monitor and access customer accounts, but may do so if for any reason it believes there is just cause. Reasons could include suspicion of illegal activity, uploading of virus infected files, questionable material or for general customer support.

Bluefish Retail reserve the right to terminate trial or paid accounts if we deem it necessary to preserve system integrity for other customers.

Verbal, physical, written or other abuse (including threats of abuse or retribution) directed towards any Bluefish Retail customer or employee will result in immediate account termination.

Bluefish Retail have the right to refuse Services to anyone at any time for any reason.

Modifications to the Services and Prices

Bluefish Retail reserve the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.

Prices of all Services are subject to change. Notice will be given at least 30 days in advance of any price changes by displaying the new prices on our website. Updates, modifications and upgrades to the Services are made regularly, as necessary.

Bluefish Retail will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Services.

Bluestore Live Availability and Support

Bluefish Retail make every effort to prevent disruption to the Bluestore Live service during maintenance and updates which are scheduled to avoid peak use times. For new software releases your Bluestore Live enterprise console may be inaccessible for a period of less than 30 minutes. This does not affect the Bluestore Live POS which will continue to work even when the console is down. We endeavour to give at least 2 days notice of any service interruption but reserve the right to take the service offline at any time to fix critical problems.

Bluefish Retail are committed to providing excellent customer service and support. We endeavour to answer all support tickets within three hours and will prioritise those affecting customer business operations. Bluefish Retail makes no firm guarantee on the period of time before support tickets are responded to.

Support tickets should always be created in the first instance. In the event that urgent support is required, we may contact you by phone. Our normal working hours are 9am-5pm, Mon-Fri UK time so response will generally be quicker during these times however our support tickets are monitored 24/7.

Data Ownership and Licensing

Data entered in your live account database or uploaded to Bluestore Live remains yours and can be supplied in digital form upon request.

Bluefish Retail does not generally monitor content, but reserves the right to refuse or remove any content from the Services as deemed necessary.

Any and all code, including the design and images are owned by Bluefish Retail. You may not copy or reuse any portion of the HTML, CSS, visual design elements, code (web based or downloadable applications) or Bluefish Retail provided content without the express written permission of Bluefish Retail.

The code and data are stored at and run on servers belonging to our delivery partner Opsource (www.opsource.net).

Bluestore Live is a subscription based service accessed over the internet for which you are granted a temporary license to use for the period of time your account is open.

Downloadable applications provided by Bluefish Retail that connect with the Bluestore Live service are for the sole use of account holders and their employees and representatives. The account holder is granted a temporary license to use the compiled application(s) on their own machine(s) for the period of time that their account is open and for which payment is up to date.

If your account is cancelled or closed for any reason, all licenses granted for use of the web based and downloadable portions of the application are automatically revoked.

Granted licenses are non-transferrable.

Data Loss & Backups

Bluefish Retail will not, under any circumstances, accept liability for loss of or damage to any customer data through general use, unauthorised access, malicious damage, server problems or communication failures.

Bluefish Retail will be responsible for ensuring one daily backup of all customer data which can be retrieved in the event of a catastrophic application failure. The daily backup is not customer specific and cannot be used to retrieve data accidentally lost by you.

Sale of Goods

Where Services includes the sale of physical items to be delivered to you, the following terms apply.

No contract for the sale of goods shall arise until dispatch of the goods by Bluefish Retail or their appointed supplier.

Your acceptance of the delivery will also be deemed to be acceptance of these terms.

All prices are exclusive of UK VAT and charges for postage, packing and carriage all of which shall be paid in addition. UK VAT will not be charged for delivery to EU customers with a valid VAT number or to customers outside the EU.

Payment must be made in full prior to dispatch. At point of order, your debit or credit card or other payment method will be authorised for the full amount. The charge will then be made to the card before dispatch of the goods.

Delivery of Goods, Ownership and Risk

Bluefish Retail will take all reasonable steps to keep to any estimated delivery date but time shall not be of the essence. Bluefish Retail will not be responsible for any losses consequential or otherwise arising directly or indirectly out of any failure to meet an estimated delivery date. Bluefish Retail reserve the right to make delivery prior to the quoted delivery date upon giving you reasonable notice.

Unless otherwise agreed in writing deliveries may take place at the delivery address until 6pm on the date of delivery.

Bluefish Retail will make delivery of the goods to the delivery address supplied by you and you shall make arrangements to take delivery of the goods at that address.

The method of delivery of all goods will be at the discretion of Bluefish Retail. They may be delivered from our premises or directly from the premises of our supplier(s).

Upon delivery of goods to the delivery address, the risk in the goods shall pass to you.

The goods remain property of Bluefish Retail until paid for in full.

Cancellation of Contract for Sale of Goods, Return and Replacement

No contract may be cancelled once it is accepted by you and no goods may be returned save at the absolute discretion of Bluefish Retail.

In the event that Bluefish Retail agrees to accept the return of non-defective goods such return will be on the following conditions:-

  1. You must obtain a goods return number from Bluefish Retail which number must clearly be displayed on each parcel to be returned. The goods must be returned in the manufacturer's original packaging in unopened condition complete with any accessories, manual and other documentation. Software packages must have the software seal intact. If these conditions are not complied with returned goods will be rejected.
  2. If in the opinion of Bluefish Retail damage has been caused to the goods during transport from you to Bluefish Retail then you will remain liable for the full cost of the goods or at our discretion the cost of remedying any damage.
  3. If Bluefish Retail accept the return of goods (other than on the grounds of defect) we reserve the right to make a handling and restocking charge of 25%.
  4. Any alleged defect in the goods must be notified to Bluefish Retail within seven days of the date of delivery. In the event that delivery is not refused and the buyer fails to notify us within the time stated no rejection of the goods will be accepted and the full purchase price shall be payable by you.
  5. In the event that any valid claim is notified to Bluefish Retail based on the goods delivered under the contract being defective we shall at our discretion be entitled to replace the goods free of charge or refund you the price of the goods and we shall have no further liability to you.
  6. You shall retain the goods in respect of which allegation of defect is made together with the original manufacturer's packaging for a reasonable time to enable us or our agent to inspect the goods or to arrange for the goods to be collected from you if we require.
  7. Unless otherwise agreed in writing by Bluefish Retail no credit for return goods will be given in the case of goods returned other than by reason of defect.
  8. Goods ordered by customers other than those included in the Bluefish Retail online store catalogue will not be accepted for return save where specifically agreed in writing by us.

Warranties

Your use of the Services is at your sole risk. The service is provided on an “as is” and “as available” basis.

Bluefish Retail do not warrant that:

  1. The Services will meet your specific requirements
  2. The Services will be uninterrupted, timely, secure, or error-free
  3. The results that may be obtained from the use of the service will be accurate or reliable
  4. The quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations

Bluefish Retail will make every effort to correct errors in the Services but cannot guarantee that all errors will be corrected and will not accept any liability arising from such errors.

You expressly understand and agree that Bluefish Retail shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Bluefish Retail have been advised of the possibility of such damages), resulting from

  1. The use or inability to use the Services
  2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or any messages received or transactions entered through or from the service
  3. Unauthorised access to or alteration of your transmissions of data
  4. Statements or conduct of any third party on or involved in providing the service

Any other matter relating to the service. Bluefish Retail warrants that any physical goods delivered to you will correspond with the description given by us and such warranty is given subject to the following conditions:-

Bluefish Retail will accept no responsibility for any defect in the goods arising from wilful damage, neglect, failure to follow manufacturer's instructions, abnormal working conditions or abuse or alteration or repair during the manufacturer's warranty period without our written approval.

Our warranty shall not come into force unless and until the invoice for the goods was paid in full by the due date.

The benefit of any warranty or guarantee given by the manufacturer of the goods will be passed to you on delivery of the goods.

Save as provided in these conditions and save and except where the buyer is dealing as a consumer all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the extent permitted by law.

Save in respect of death or personal injury caused by our negligence Bluefish Retail shall not be responsible for any incompatibility of use issues or held liable to the buyer by reason of any representation or any implied warranty, condition or other term or any duty of common law for any direct or indirect special or consequential loss or damage expenses or other claims for compensation whatsoever whether caused by negligence of the seller, its employees or agents or otherwise which arise out of or in connection with the supply of goods or their use or resale by the buyer of whatsoever nature.

Any liability of Bluefish Retail in connection with claims made under the contract shall not exceed the price of the goods unless otherwise specifically agreed in writing by us.

Force Majeure

Bluefish Retail shall not be liable to you or held to be in breach of the contract by reason of any delay in performing or failure to perform any of our obligations in respect of the Services if such delay or failure was due to any cause beyond our reasonable control.

Contact

If you have any questions about our Terms of Use please use the get in touch form on our website. The registered address of Bluefish Retail Ltd is: 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.

For privacy information please read our Privacy Policy published separately.