TERMS AND CONDITIONS OF Bath-Gift.com WEBSITE
Welcome to https://bath-gifts.com (“the Website”) owned and operated by Daniel Herron whose registered office is 3690 S Sowder Square Bloomington, IN 47401
General Terms and Conditions
If you wish to register with the Website, you must enter the “Log In” page on the Website and register using our online registration process. In doing so you must agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration process and (ii) maintain and promptly update the information to keep it true, accurate, current and complete.
You will also receive an account upon completing the Website’s registration process. Irrespective of whether you choose to use the “remember me” function that we offer in relation to your password/user ID, you are responsible for maintaining the confidentiality of your email address, user ID, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
We may alter these Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
You agree not to attempt any unauthorised access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Website subject to such hyperlink not portraying bath-gifts products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by bath-gifts as part of or in conjunction with the hyperlink.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Conditions. The Website is Copyright, “© 2017 Bath – Gifts All rights reserved”.
We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party’s hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
These Conditions will be exclusively governed by and construed in accordance with the laws of United States of America Washigton state whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Physical Products purchased from The Website (“Products”)
When placing an order for any Products from the Website, you will state, specifically, which Products you desire to purchase and shall also at the same time confirm to us, at your own risk, your home address, telephone number (including STD code), delivery requirements and selected payment method including credit card/debit card details together with such other details that may be requested at that time from you by us. Any orders received by us after 5.00PM GMT/BST shall be deemed to be received the following working day.
Your contract for purchases of physical items through the Website is with Bath Gifts whose registered office address is 6348 West End Road Fruitland, WA 99129, and you undertake that any and all products ordered by you are for your own private and domestic use only. You further agree that email can be used as a long-distance means of communication.
No contract for the sale of any product will subsist between you and us until the items ordered have been received by you. At any time until this point we may cancel the sale for any reason.
You undertake that all details you provide to us for the purposes of ordering or purchasing products or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the products or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
You may cancel your order at any time prior to your order being dispatched by emailing us at orders firstname.lastname@example.org ensuring that you quote your name, address and order reference number or by telephoning (757) 542-5116 between 10am and 6pm UTC -5 , Monday to Friday.
Our returns policy: Without prejudice to your statutory legal rights which remain unaffected, we operate the following returns and refunds policies:
Damaged or defective goods: in the unlikely event that you receive products which are damaged or defective or become defective within 7 days of receipt, we shall, at our own option, either replace or refund any damaged or defective products (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 2 working days of delivery of the products and that, in the case of physical products, you return the products in the same condition that you received them;
Goods that become defective or faulty after 7 days, but before the end of the manufacturer’s warranty period: should a product you purchase become defective or faulty after 7 days from delivery and before the end of the manufacturer’s warranty, we shall, at our own option, either repair or replace the products;
Goods that become defective after the end of the manufacturer’s warranty period: on a case by case basis, and at our own option, we may accept returns on items which are no longer covered by a manufacturer’s warranty, but may charge (as agreed with you in advance) for postage costs and repair costs;
While we endeavour to ensure all goods returned for repair are returned to you within 14 days, in the event that the repair of goods will take longer than 6 weeks from the date that they are received by us, you agree to accept a compensation payment at a rate of 10% of the gross value of the product for the delay. Should the repair not be possible or take longer than 2 months from the date the goods are received by us, we will make a full refund/replacement available as directed by you;
or the cost of the outgoing postage and packing on those individual items, once you send them back to us;
Your mistake: If items are ordered in error (or you change your mind about wanting an item), are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the sorting office, you will be refunded for the cost of the items, but not for the postage and packing. We can re-send the items but you will have to pay the postage and packing charge again;
All orders are made subject to acceptance by you of these Conditions and fulfillment of any order for Products is subject to stock availability and acceptance by us of your order. We are under no obligation to fulfil any customer order.