Terms and Conditions of Baci Website

 
  1. General

    1. Welcome to the BACI website (the "Site") owned and operated by BACI (“Baci Trade LLC”). Except as otherwise noted herein, the Site is governed by these terms and conditions ("the Terms"). Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. BACI reserves the right to make changes to the Site and to these Terms at any time. No material from the Site may be copied, republished, distributed, uploaded, posted or transmitted in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, is BACI’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws.  We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.  We have the right to change these rules and/or limitations at any time, in our sole discretion.

    2. These Terms govern all contracts, supplies and other services agreed between the customer and BACI.

    3. Unless BACI has indicated otherwise in writing to the customer, the customer’s own general terms and conditions shall not be accepted.

    4. The Site may be used only for lawful purposes and is available only for your personal, noncommercial use.  Such use shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site.

    5. We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.  BACI makes no representation that content or materials in the Site are appropriate or available for use in jurisdictions outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. BACI is not responsible for any violation of law.

    6. Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States Government's lists of prohibited and restricted parties.

 

  1. Entering into contract

    1. BACI shall confirm the customer’s order by e-mail.  A contract is created only when payment has been successfully made.  BACI is entitled to refuse, or impose special conditions upon, a supply, subject to giving reasons.  If BACI is unable to clearly establish the customer’s permanent or temporary address, an order cannot be accepted.

    2. Order processes that for whatever reason have been technically or otherwise disrupted before the payment instructions have been completed are incomplete, even if the customer has received an order confirmation.  Such an order will in principle therefore not be delivered.  BACI shall endeavor, however, to contact the customer to complete the payment instructions so that delivery can be made.

 

  1. Prices and Costs

    1. The contract price is the current price at the moment when an order is placed with the webstore.   

    2. The prices quoted in the webstore are exclusive of postage and administration costs.

    3. BACI is not bound by the terms of its offer in the event that there is any printing, typesetting or programming fault on its website.

 

  1. Fulfilling Orders

    1. BACI shall act with the greatest possible care in processing orders for articles.

    2. Articles shall be delivered to the address given by the customer to BACI, provided, that such address must be in the United States.

    3. BACI shall dispatch accepted orders as quickly as possible in the order in which they are received.

    4. The indicated delivery term on the webstore is approximate only and there is no right to compensation if actual delivery takes longer.

    5. We reserve the right to place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise.

 

  1. Taxes

    The customer is responsible for all applicable sales taxes.

 

  1. Right to Return Articles

    1. The customer is entitled to return any article to BACI within fourteen (14) days of its delivery date, without need to give any reason.  This right also extends to articles that have been reduced in price.  This has the effect of cancelling the purchase of that article and the customer will be refunded the amount already paid to BACI for the said article.  Please note that we will not refund the shipping cost for the returned articles.

    2. No refund will be made in respect of articles returned to BACI after the said fourteen-day period.

    3. Articles must be returned in accordance with the instructions set out on the packing slip enclosed with the articles.

    4. Articles being returned must be in the condition generally accepted for normal use for approval of the articles, such as trying on articles in conventional shops.  If a customer wishes to exercise such right to return an article, the article must be returned to BACI together with everything originally sent with it, in its original state and packaging, in accordance with the clear and reasonable instructions given by BACI.

    5. BACI is entitled to refuse a returned article or to send it back to the customer if the article appears to have been used, no longer carries the original labels, or reveals damage caused by the customer, or if the customer does not comply with the instructions for returning the article given by BACI.

 

  1. Error in Delivery

    If BACI delivers an article different from the one ordered, or if the article is damaged or defective, the customer must notify BACI of this as soon as possible, in the way specified on the packing slip enclosed with the article.  BACI shall reimburse the purchase price plus postage charge.

 

  1. Complaints

    1. If a customer wishes to exchange or return an article, it must follow the instructions specified on the packing slip enclosed with the article.

    2. Other queries, comments or complaints relating to an order, payment or delivery should be sent in writing to the following e-mail address:  customerservice@bacifashion.com.

    3. The e-mail message must contain the customer’s name, e-mail address corresponding with that in BACI’s records, the order number included in the order confirmation and the article number.

 

  1. Minimum Age

    An order will not be accepted by BACI from anyone under the age of 18.

 

  1. Payment

    1. The customer may pay either by credit card, Paypal or other payment instruments that may be accepted from time to time by BACI..

    2. All payments must be made in accordance with the instructions given on the pages of the webstore.

 
  1. Privacy

    In placing an order, the customer grants BACI the right to use its personal information.  The personal information will be used in accordance with the BACI Privacy Policy.  



  1. Proprietary Rights

    As between you and BACI, (or any other company whose marks appear on the Site), BACI is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the licensee or copyright owner of the materials and content on the Site, unless otherwise indicated. The BACI logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by BACI and may be registered in the United States and internationally.  You may view, copy or print pages from the Site solely for personal, non-commercial purposes.

 

  1. Disclaimers and Limitation of Liability

    You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." BACI DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BACI DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE. BACI MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    IN NO EVENT SHALL BACI, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF BACI OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Disputes

    Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with BACI shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any intellectual property right of BACI, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

 

  1. New York Law

    All contracts to which these general terms and conditions are subject, shall be interpreted according to the laws of the State of New York, without regard to the conflict of law principles thereof.

 

Version: 4/12/2015