TERMS AND CONDITIONS
Accessing this website constitutes your agreement to the following Terms and Conditions (“Terms”). If you do not agree with these Terms, you may not access the Site.
The Site is operated by Bednbags LLC. (“Bednbags”). We are a company incorporated in New Jersey and our principal place of business is located at 300 Carnegie Center, Princeton 08540 USA.
We reserve the right to revise these Terms at any time. At the bottom of this page, we will notify you of the date these Terms were last updated.
You can view our Privacy and Security Policy on the website. We created the Privacy and Security Policy to inform you about our collection and use of information we collect when you access the Site.
You acknowledge that the Site contains information, data, software, photographs, graphics, and other material (collectively “Content”). All Content is copyrighted as a collective work under copyright laws, and we own a copyright of such Content. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices
We allow third-party companies to collect non-personally identifiable information when you visit the Site and to use that information to serve ads for our products or services or for products or services of other companies when you visit the Site or other websites. These companies may use non-personal identifiable information (e.g., navigational, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, etc.) during your visits to the Site and other websites in order to provide advertisements about our goods and services likely to be of interest to you. These parties may use a cookie or a third party web beacon, or other technologies, to collect this information.
INTELLECTUAL PROPERTY INFRINGEMENT
We make use of a network of independent associates, agents, product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, sponsors, licensors and the like, who supply some of the goods advertised on the Site and, drop ship them directly to our customers. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate and resolve and, if appropriate, block or remove the offending Content and/or advertisements. You can send your concern via email at firstname.lastname@example.org or may send a physical mail at our office address.
BEDNBAGS.COM, BEDNBAGS and other marks which may or may not be designated on the Site by a mark of registration or other similar designation, are registered, pending or unregistered trademarks or service marks of Bednbags in the United States. Our trademarks may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
The Site or any part of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent.
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through the “My Account” feature and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under the “My Account” feature or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. Actual product may vary from the pictures or photographs shown on the website. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, our users and customers and/or you.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
YOUR CONSENT TO NOTICES
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors. Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
If you access the Site from anywhere in the United States, you agree that the laws of the State of New Jersey, USA, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Bednbags.
Please review our Privacy and Security Policy, Shipping & Delivery Policy, Standard Return Policy, Products Returned After 30 days, Defective Product and Returns Due to Our Error, Refund Policy, and all other policies posted on the Site. We reserve the right to make changes to the Site, any incorporated policies, and these Terms at any time.
COLLECTION OF TAX
In states where we have no physical presence, we are not required to collect and remit sales tax for purchases. However, many states require that their residents file sales or use tax return for items purchased on this Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In some states we collect and remit sales tax. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may overcollect or undercollect your tax. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold us harmless, our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
Some states may require us to provide you notice regarding state use tax at the time of purchase, an annual purchase summary, and/or report your annual untaxed sales to that state. We provide this data as a reference to assist you in determining any applicable use tax. Our calculations may not match the data in your records and may not reflect gifts or shared accounts.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases. A separate shipping fee will be applicable for each item or comforter set, as we ship each set separately in a single box. A standard shipping fee as displayed on the website will be charged for shipping across anywhere in the USA for each comforter set. We reserve the right to change our standard shipping charges, may increase, decrease or provide free shipping on our sole discretion or as displayed on the website. In all multiple product orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
RISK OF LOSS
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation. We do not ship or accept international orders outside of USA.