1. Agreement; Other Documents; Changes. You and BG & Sons, LLC (“BG & Sons”) agree that your order is an offer to purchase the Product listed in your order (“Stayclip”) on the terms and conditions listed below which will become a contract (“Agreement”) when accepted by BG & Sons via confirmation that specifically references your order or when BG & Sons ships to you the Stayclip you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by BG & Sons. When you send your order to purchase the Stayclip to BG & Sons, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and BG & Sons. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.
2. Governing Law. THE LAWS OF THE STATE OF ILLINOIS WILL GOVERN THE SALE.
3. Payment Terms. BG & Sons accepts only those credit cards mentioned on the Stayclip ordering screens as the payment options for your purchase. Your credit card will not be charged until the Stayclip listed in your order is shipped.
4. Shipping Charges; Customer Location. Separate charges for shipping will be added to the cost of the Stayclip unless otherwise stated. BG & Sons will accept orders from billing and shipping addresses located within the following countries.
5. Taxes. All applicable local, city, and state taxes are your responsibility and will be applied to the order. You agree to pay these taxes.
6. Title. BG & Sons will ship the Stayclip to you. BG & Sons’ manufacturing or distribution facility, as applicable, with title and risk of loss passing to you upon BG & Sons’ delivery of the Stayclip to the first common carrier. Title to any applicable Stayclip will remain with the licensor(s).
7. Warranty. BG & SONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW AN EXCLUSION OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. BG & Sons reserves the right to modify its warranties prospectively at any time, in its sole discretion.
8. 30 Day Money Back Return Policy. BG & Sons’ “30-Day Money Back Return Policy” that is in effect on the date of invoice applies to the Stayclip you purchase under this Agreement. Monogram orders are sold as-is and cannot be returned unless there is a problem with the function of the product or monogram error that is fault of seller.
9. Stayclip. BG & Sons’ policy is one of on-going Stayclip update and revision. BG & Sons may revise or discontinue the Stayclip at any time. BG & Sons will ship the Stayclip that has the functionality and performance of the Stayclip ordered, but differences between what is described in hardcopy or electronic versions of BG & Sons’ Stayclip documentation and what is shipped are possible. The parts and assemblies used in building BG & Sons’ Stayclip are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices.
10. Limitation of Liability. EXCEPT FOR PERSONAL INJURY, BG & SONS’ TOTAL LIABILITY WHETHER FOR BREACH OF CONTRACT, WARRANTY, LATE DELIVERY OR NON-DELIVERY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR STAYCLIP SOLD WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. BG & SONS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. Compliance with the Law; Resale Sales and U.S. Government Sales Not Intended. You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Stayclip or this Agreement. The Stayclip is intended for purchase and use only in the United States. You agree and represent that you are buying for your own internal use only, and not for resale. BG & Sons has separate terms and conditions governing purchase for resale.
12. Export Compliance. The Stayclip provided to you is subject to the U.S. Export Administration Regulations and may be subject to similar laws, regulations, or requirements in other countries. You agree to comply with the U.S. Export Administration Regulations and such other laws, regulations, or requirements as may apply to your receipt, re-export and use of the Stayclip provided to you. This provision shall survive the termination of this contract. C. BG & Sons Trademarks Patents and Brand Identity BG & Sons, LLC owns the trademark “Stayclip” and the “Stayclip” formative trademarks. BG & Sons has exclusive rights covered by U.S. Patent Number 7,578,034 and D507,205 and other patents pending for the Stayclip®, its functions, and the design of the Stayclip® ready collar stays. BG & Sons, LLC is the exclusive licensor of the trademark “Stayclip” worldwide, other “Stayclip” formative trademarks and patents. Stayclip brand identity is a valuable asset of BG & Sons, LLC, and delivers a unique promise to its customers of solutions that are simple, elegant, and useful. Everyone – including BG & Sons’ licensees, employees, contractors, suppliers, distributors, consultants, developers, and even those with no relationship with BG & Sons- will benefit from the use of the registered trademark. The company regards its existing and future patents, trademarks, copyrights, trade secrets and related intellectual property as significant to its success and will aggressively protect its intellectual property rights.