TERMS AND CONDITIONS
Please note that the products and services Bright Bands provides you (“Customer”) are subject to the following Terms and Conditions. Please read through them carefully.
This acknowledgement shall function as acceptance of Customer’s order, but such acceptance is made explicitly conditional on agreement by Customer to the Terms and Conditions encompassed in this acknowledgment. Such Agreement shall be considered to have been given unless written notice of objection to any such conditions (including discrepancies between Customer’s order and this acceptance) is given by Customer to Bright Bands promptly on receipt of this acknowledgment. The Terms and Conditions confined herein will be the complete and exclusive statement of the terms of the agreement amid the parties, unless otherwise identified in a writing signed by both Customer and Bright Bands.
The terms of payment are within Bright Bands sole discretion. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. Advertised prices are in U.S. dollars and exclude shipping, handling and taxes unless otherwise noted. All payments must be in United States dollars. Customer is responsible for paying all taxes associated with his or her order. Payment is due upon Bright Bands acceptance of an order. Amounts not paid for any reason when due bear interest at the highest rate allowed under applicable law. Current billing address and phone information must be included with every order. Bright Bands retains a security interest in the products and all proceeds thereof until the purchase price therefore (including taxes and additional charges) has been paid.
Bright Bands accepts credit cards for all purchases. Customer represents and warrants that the credit card information Customer supplies to us is true, correct and complete, charges incurred by Customer will be horned by Customer’s credit card company, and Customer will pay charges incurred by Customer at the posted prices, including all applicable taxes and shipping costs, if any.
SHIPPING AND RISK OF LOSS
Bright Bands will arrange to ship the goods to Customer. The risk of loss and title for such items pass to Customer upon Bright Bands’s delivery to the carrier. A claim must be made with the carrier prior to the product being replaced. Customer must notify Bright Bands of damaged or missing items from Customer’s order within 7 days after Customer receives product. See the following link for the Return and Exchange Terms.
Bright Bands shall in no event have obligations or liabilities to Customer or any other person for loss of use or incidental, special or consequential damages, whether based on contract, tort (including negligence), strict liability or any other theory or form of action, even if Bright Bands has been advised of the possibility thereof, arising out of or in connection with the sale, delivery, use, repair or performance of the Goods, or any failure or delay in connections with any of the foregoing. Without limiting the generality of the preceding sentence, Bright Bands shall not be liable for personal injury or property damage.
Bright Bands does not knowingly market to, accept orders from, or solicit personal information from children under the age of 13. Bright Bands assumes no liability for orders from children under the age of 13.
Bright Bands maintains the confidentiality, security and integrity of personal information collected.
If the performance of these Terms and Conditions or any obligation here-under, except the making of payments here-under, is prevented, restricted or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident; strikes or labor disputes; inability to procure parts, supplies or power; war or other violence; any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency; or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take all reasonable steps to avoid or remove such causes of nonperformance and shall resume performance here-under with dispatch whenever such causes are removed.
Customer or Bright Bands may suspend or terminate Customer’s account or Customer’s use of this Web Site at any time, for any reason or for no reason. Customer is personally liable for any orders placed or charges incurred through Customer’s account prior to termination. Bright Bands may also block Customer’s access to Customer’s Web Site in the event that (a) Customer breach these Terms and Conditions; (b) Bright Bands is unable to verify or authenticate any information Customer provides to us; or (c) Bright Bands believes that Customer’s actions may cause financial loss or legal liability for Customer, Bright Bands’s users or Bright Bands.
The failure by either party to enforce at any time any of the provisions of these Terms and Conditions, or to exercise any election or option provided herein, shall in no way be construed as a waiver of such provisions or options, nor in any way to affect the validity of these Terms and Conditions or any part thereof, or the right of either party thereafter to enforce each and every such provision.
NO OTHER WARRANTY OR REPRESENTATION
Customer hereby acknowledges that it has not accepted these Terms and Conditions in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth herein.
This Agreement shall be governed by the laws of the State of Texas as such laws are applied to contracts between residents entered into and to be performed entirely within the State of Texas.
The invalidity in whole or in part of any of these Terms and Conditions shall not affect the validity or enforce-ability of any other term or condition.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Bright Bands reserves the right to make changes to our site, policies, and these conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforce-ability of any remaining condition