Welcome to THE BAHAMA TOWEL COMPALY, LLC web site (the “Web site”). In consideration of your accessing, browsing and / or use of the THE BAHAMA TOWEL COMPANY, LLC Website, YOU AGREE TO BE BOUND BY ITS GENERAL TERMS AND CONDITIONS OF USE, which incorporate the separately posted Privacy Policy, and all disclaimers, terms and conditions that appear elsewhere on the THE BAHAMA TOWEL COMPANY Web site (“Terms”).
References to THE BAHAMA TOWEL COMPANY, LLC a Florida Corporation, its affiliates, subsidiaries and designees are hereinafter collectively referred to as “TBTC”.
1. Changes in Terms
TBTC reserves the right to make changes to the TBTC Web site, its Terms, and legal notices at any time. Each time you use the TBTC Web site, you should visit and review the then current Terms, legal notices and Privacy Policy that apply to your transactions and use of this Web site. If you are dissatisfied with the TBTC Web site, its content or Terms and / or legal notices, you agree that your sole and exclusive remedy is to not use or to discontinue using the TBTC Web site.
Tampering with the Web site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website is prohibited.
2. Termination of Use
These Terms are effective until terminated by TBTC. TBTC may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the TBTC Web site, and the restrictions imposed on you with respect to the text, images, photographs, graphics, logos, illustrations, descriptions, data and other material provided on the TBTC Web site as well as selections, assembling and arrangement thereof (collectively referred to as “Content”), and the disclaimers, indemnities, and limitations of liability set forth in these Terms shall survive termination.
TBTC shall also have the right without notice and at any time to terminate the TBTC Website or any portion thereof, or any products or services offered through the TBTC Website, or to terminate any individual’s right to access or use the TBTC Web site or any portion thereof. Upon termination you remain personally liable for any orders that you have placed or charges you have incurred prior to termination.
3. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding the use of the TBTC Web site and your purchase of the items on the TBTC Website. You musts be at least 18 years of age to use the TBTC Web site.
4. Content, Errors & Changes
The Content may contain errors, omissions, or typographical errors or may be out of date. TBTC may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on TBTC in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, patents, and other proprietary rights that are owned by TBTC or by third parties that have licensed their use to TBTC. You may view and use the Content only for your personal information and for shipping and ordering on the TBTC Web site and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, TBTC does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the TBTC Website including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by TBTC is strictly prohibited.
5. Pricing Policy
Online prices generally match published prices. Prices and offers are subject to change.
6. Online Price Guarantee
We will refund 100% of the difference if a price on www.thebahamatowelcompany.com is reduced within 30 days of your order date. You may receive the lower price only by writing to us at:
The Bahama Towel Company, LLC
Attn: Customer Service
1601 NW 93rd Avenue
Doral, Florida 33172
Please enclose a copy of the receipt evidencing the transaction. We will honor the lower price only if it is displayed on our Web site when you notify us.
7. Prices, Orders
Prices and availability of products and services are subject to change without notice without incurring any obligation to you except as noted in Paragraph 6 hereinabove. TBTC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TBTC will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with TBTC’s Return Policy.
8. Disclaimers and Limitation of Liability
By using the TBTC Web site, you expressly agree that use of the TBTC Website is at your sole risk. The TBTC Web site is provided on an “As Is” and an “as available” basis. Neither TBTC nor each of their respective officers, directors, employees, agents, third-party Content providers, designers, vendors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the TBTC Website will be uninterrupted or error-free. Neither TBTC nor its Associates warrant the accuracy, integrity or completeness of the content provided on the TBTC Website or the products or services offered for sale on the TBTC Website. Further, TBTC makes no representation that the Content provided on the TBTC Website is applicable to, or appropriate for use in locations outside of the United States, its territories and possessions. TBTC and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by TBTC or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall TBTC or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the TBTC Website, including but not limited to reliance by you on any information obtained from the TBTC Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of TBTC has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the TBTC Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Indemnification
You agree to defend, indemnify, and hold harmless TBTC and their respective directors, officers, employees and agents from and against all claims, losses, damages, liability and cost (including but not limited to reasonable attorney’s fees and court costs) arising out of or relating to your breach of these Terms or your access to or use of the TBTC Website. The foregoing indemnification obligation shall survive termination of these Terms and the TBTC Website and any product or service provided to you arising out of or relating to your use of the TBTC Website.
10. Sales Tax Policy
Florida State sales tax of 6% is charged on all shipments delivered in the State of Florida. A county surtax is added to the State rate and varies by county. If you have a current annual Florida Re-Sale Certificate (Form DR 13-A) and the purchase is for resale you will be requested to provide a copy of the current certificate prior to purchase. TBTC collects and remits sales taxes as required by law.
11. Paying for Your Order
You may pay for your orders with major credit or debit cards, Visa, MasterCard, American Express and Discover through PayPal or through your PayPal account. Due to time limits on credit card authorizations, we charge out all orders at the time of purchase. In the event of non-availability of the product(s) you purchased we will process a refund if the charge has been made against your credit card, as TBTC does not presently backorder and ship products when available at a later date.
12. Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The TBTC Website reserves the right at any time after receipt of your order to accept or decline your order for any reason.
If we reject your order, we will attempt to notify you using the e-mail address or by postal mail at the address you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
13. Cancelling an Order
Orders cannot be cancelled once the checkout has been completed. Due to our commitment to process orders quickly, once the checkout process is completed our distribution center is immediately notified to pick the order for shipment. We regret the inconvenience that this may cause you.
14. Return Policy
TBTC stands behind every product we sell. If you are not absolutely satisfied with your purchase &emdash; for any reason &emdash; we will be glad to exchange the product or refund the purchase price and the return shipping charges. Simply return the item to us within 14 days via insured parcel post or UPS, freight prepaid, to:
THE BAHAMA TOWEL COMPANY, LLC
Attn: Customer Service
1601 NW 93rd Avenue
Doral, Florida 33172
We ask that returned products be in resalable condition with original packaging and materials. No returns will be accepted if damaged after purchase. A receipt must accompany all returns.
15. Order Limitations / Limited Quantities
TBTC, at its own discretion may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same TBTC Website account, the same credit card, and orders that use the same billing and / or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and / or billing address provided at the time the order was made.
16. Shipping
All orders placed on this Website will be shipped according to TBTC’s shipping policies, separately posted on the TBTC Web site, subject to product availability. The risk of loss and title for all products purchased and shipped by TBTC pass to you upon TBTC’s delivery to the carrier for shipment.
17. Miscellaneous
Except as otherwise expressly provided herein or in the TBTC Privacy Policy posted on the TBTC Website, any communications or material you transmit to the TBTC Web- site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, are and will be treated as non-confidential and may be used by TBTC, TBTC vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, TBTC, TBTC vendors and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the TBTC Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by TBTC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
TBTC shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the TBTC Website shall not be construed as TBTC’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Florida. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflicts of law provisions. Additionally, any claims brought against TBTC shall be governed by and construed in accordance with the laws of the State of Florida. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this Website, or any orders placed or products purchased on TBTC Website shall be brought in the state courts of Florida and exclusive venue shall be in Miami-Dade County.
|