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Terms & Conditions
Welcome to the Bimba.com e-Commerce site. Bimba requests that you carefully read the Terms & Conditions and Privacy & Security policies before using the site. Bimba Manufacturing Company ("Bimba") provides services to you subject to the following Terms and Conditions. By using the Bimba.com Web site, you agree to follow and be bound by these Terms and Conditions and our Privacy and Security Policies without modification.
General
The Terms & Conditions and Privacy & Security Policies constitute the entire agreement between you and Bimba with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bimba with respect to this Site. No modification of this agreement shall be effective unless it is authored by Bimba, or unless it is physically signed by a Bimba executive officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Bimba in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Bimba in printed form.
Bimba performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Bimba right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Bimba with respect to such use.
You agree that Bimba may at any time and without notice change the terms, conditions and notices under which this Site is offered.
All other trademarks not owned by Bimba or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bimba or its subsidiaries or affiliates
Use of the Site
Bimba.com may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Bimba reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Bimba believes that customer conduct violates applicable law or is harmful to the interests of Bimba and its subsidiaries.
Information You Submit
No information or material provided to Bimba by you through the Bimba.com site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By sending any information or material, you grant Bimba an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Bimba is free to use ideas, concepts, techniques that you send us for any purpose. Bimba may release your name to its distribution network to provide additional products and services. Otherwise, Bimba will not release your information to anyone else unless we obtain your permission or we are required to do so by law. Please review our Privacy & Security policies for a complete description of how we handle personal information submitted in the process of ordering products or registering on our site.
The information and materials in this site are provided for your review in accordance with the notices, terms and conditions set forth herein. These materials do not necessarily reflect the opinions of Bimba or any of its affiliates or agents. These materials are not guaranteed or represented to be complete, correct or up-to-date. You may not act or rely on any information or materials in this site and you particularly should not make any investment decisions based on any information or materials in this site. You must independently verify the accuracy of all such information and materials before acting or relying thereon or making any investment decisions in connection therewith. These materials may be changed from time to time without notice.
Copyright
All software and content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the owned or licensed property of Bimba or its software and content suppliers and protected by
Product Information
Unless indicated otherwise, most products featured on the site are available directly from or through Bimba. Bimba has made a conscientious effort to display and describe its products and services on the site accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, Bimba is constantly improving its information, products and services. Consequently, Bimba cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.
Product Orders
While we will use our best efforts to fulfill all orders, Bimba cannot guarantee the availability of any particular product or item on this Site. Bimba reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
Product prices offered on this Site are FOB
Bimba Manufacturing Company
Attn: Accounting Department
All payments are completed by credit card through Authorize.net at the time of order. Bimba does not see any credit card information.
Order requests where a credit card transaction has not taken place are not subject to this policy.
Receiving an order request from Bimba does not guarantee the acceptance of an order. Bimba.com reserves the right to limit the quantity of items ordered and/or refuse to sell to any customer.
Risk of Loss
All items purchased from Bimba.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Warranty
All Bimba products are warranted against defects in workmanship or material under normal conditions and usage for a period of three (3) years from the date of shipment. Your exclusive remedy in the event of such defect is to return the product to our factory for repair, replacement or refund.
This Warranty does not cover products which have been subject to misuse, negligence, accidents, misapplication, or tampering in any way so as to affect their normal performance. Bimba shall not be liable for special, indirect or consequential damages.
Bimba gives no warranty, express or implied, as to merchantability, fitness for particular purpose as sold, description, quality or any other matter beyond that specified above. Bimba does not assume, nor authorize anyone else to assume for it, any other obligation or liability in connection with the sale or use of its products.
Product enhancements resulting from continuing quality improvement efforts may necessitate changes in product specifications without notice.
Warranty information regarding any products and services featured on the Bimba.com site are available at no cost to you by calling Bimba Customer Service department at 800-323-5095 or writing:
Return Policy
You may return items under the terms of the warranty at any time within the period of three (3) years of purchase for review. Unused items can be returned for credit and will be subject to a restocking charge of 45% of the sell price.
All items submitted for return must have a Return Goods Authorization (RGA) number from Bimba Customer Service by calling 800-323-5095 or 708-534-8544 outside
You will be asked to provide a brief description of the return reason / problem and provide return contact information. Send the products with proper packaging material to avoid shipping damage to the address below. The RGA number must be clearly written on the outside of the package.
Bimba Manufacturing Company
RGA#
Bimba is not responsible for any shipping charges or damages for the return of the product to Bimba Manufacturing Company. It is the responsibility of the sender to provide for all shipping, handling and insurance charges.
Bimba will evaluate and process the return claim in a timely manner and provide to you on the product’s disposition.
Links to Other Web Sites
The Bimba.com site may contain links to other Web sites to provide additional information on products at Bimba and other matters that Bimba feels may be of interest to you. Bimba is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bimba of the site or any association with its operators. While Bimba will make commercially reasonable efforts to ensure that these Web sites will meet your approval, Bimba does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which the Bimba Web site is linked. Bimba makes no representations whatsoever about any other site you may access through Bimba.com. Any concerns regarding any product or service offered by a Web site to which the Bimba.com site is linked or the link itself should be directed to the operator of that specific Web site and not to Bimba.
Disclaimer
You assume all responsibility and risk for the use of this site and the Internet generally. This site is provided by Bimba Manufacturing Company on an “as is” basis. Bimba and its subsidiaries make no representations or warranties of any kind, express of implied, as to the operation of the site of the information, content, materials or products included on this site. To the full extent permissible by applicable law, Bimba and its subsidiaries disclaim all warranties, express or implied, including, but no limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components. Bimba and its subsidiaries will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, special, incidental, punitive, consequential damages or damages resulting from loss of use, data, or profits, or business interruption arising out of, or in any way connected with, the use of the site, any delays on the site, or the inability to use the site, any portion thereof, or any hyperlinked Web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Bimba or any of its subsidiaries has been advised of the possibility of such damages.
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