The Site and all the content and other materials, including, without limitation, the BEI. logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of BRYANT ENTERPRISES INC. or its designers or users and are protected by trademark, copyright, patent and laws, and various other intellectual property rights and unfair competition laws.
At BEI, we make every attempt to ensure that our online catalog is accurate and complete. In order to give you the opportunity to view our products in greater detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. On the Site, we may provide the measurement of our products based on our manufacturing specifications. Slight variances may result as each piece is fabricated by hand.
Use of the Site
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Site.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, BEI has adopted a policy of terminating and barring, in appropriate circumstances and at its sole discretion, site users or account holders who are deemed to be repeat infringers. BEI may also, in its sole discretion ,limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this Site or our products or services that are provided by you to BEI are non-confidential and shall become the sole property of BEI. BEI will own the exclusive rights to any of the aforementioned materials, including all intellectual property rights, and it will be entitled to the unrestricted use and dissemination of these materials provided by you for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By your use of this Site, you grant BEI and its affiliates and sub licensees, the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
To use some of the services or features made available to you on this Site, you may register and create an account. You may never use another end user’s account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure and notify BEI immediately of any breach of security or unauthorized use of your account. BEI will not be liable for your losses caused by any unauthorized use of your account,. However, you may be liable to BEI for its losses or the losses of others due to such unauthorized use.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through BEI is strictly limited to parties who can lawfully enter into contracts on the Internet in accordance with the laws of the State of New York, USA.
To make purchases through the Site, you will be requested to register and provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals and others who meet BEI’s terms of eligibility, who have been issued a valid credit card by a bank acceptable to BEI. Individuals using the site authorize BEIto process charges on their credit card at once in the amount of the total purchase price for the merchandise, which they purchase. BEI reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise on the Site you expressly authorize BEIs to perform credit checks. If BEI, in its sole discretion, may transmit or obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions. While BEI will make every effort to safeguard the information, the customer indemnifies BEI and its agents from any loss or harm arising from such communications.
All orders are subject to acceptance and availability. Items on this site are made by hand. To the extent possible, we ensure that our product availability is accurate on the Site. In the event that there is a discrepancy and the item is not available for immediate shipment, we will notify you about possible options.
For orders shipped by BEI within the USA, sales tax will be charged only on those orders shipped to addresses within New York State. For orders delivered outside the United States, the purchaser, not BEI, is responsible for the payment of all duties and fee assessed.
Please note: Because of the fluctuations in the price of precious metals and other materials and related costs of hand fabrication, all prices or offered on the Site may be changed at any time without notice. However, the US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of typographical error.
Prices may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, contact you for instructions before shipping the product or cancelling the order.
ACCEPTANCE OF YOUR ORDER
Once you place an order, you will receive an email outlining the details of your order. This email is the acceptance of your order. Unless you cancel your order upon receipt of this email, your payment will be processed and your order will be shipped in accordance with the information in the email. When the item is shipped, we will email you a tracking number. In the event of a disagreement about the acceptance of your order prior to shipment, your payment will be refunded if the order is cancelled.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply on a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Service.
In addition, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard and American Express. Payment will be debited and cleared from your account upon acceptance by BEI as specified above. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to BEI, it is not liable for any delay or non-delivery.
We take reasonable care to make our Site as secure as possible. All credit card transactions on this site are processed using Sage Payment Solutions, a secure online payment gateway that encrypts your card details in a secure host environment. To help ensure that your shopping experience is safe, simple and secure, BEI uses Secure Socket Layer (SSL) technology.
BEI will continue to take every reasonable precaution within our power to keep the details of your order and payment secure. BEI is not responsible to you or to any third party for any loss you may suffer if there is unauthorized access to any data you provided when accessing or ordering from the Site.
INSURANCE AND DELIVERY
BEI insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient other than yourself for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by BEI and transfer of responsibility in the same way.
Please note that we endeavor to dispatch all orders within 48 hours for items that are in stock. Made to order items are delivered within three to five weeks. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. You will be notified by us after the order as to when delivery may be anticipated and given further notice of any delays which change the original date. BEI is not responsible for any delays caused by its carrier or by customs clearance processes at the destination.
TRACKING YOUR ORDER
Once we ship your order, a tracking number will be sent to you along with shipping confirmation, which can be used to track your shipment on the shipping company’s website.
RETURNS FOR FULL REFUND OF PURCHASE PRICE
If you are not fully satisfied with your purchase, BEI will accept a return initiated within 10 business days of receipt of the items, except for any product that is made to order with retail price at or over US$1,500.00 Only items in perfect condition that have not been worn, altered, or washed and with all the protective packaging attached may be returned for a store credit. Because products that are fabricated to your order with a retail value of US$1,500 and higher may not be returned, you are urged to read the product description carefully and to ask at the time of your order if you are not certain.
Please contact us at email@example.com to initiate the return. You must ship the return back to us within10 business days of receiving the item and with the return form. You are responsible for the cost of return shipping, and the original shipping charges are non-refundable. We do not accept any returns that have not been initiated within ten business days after delivery.
Please send returns to the return address provided to you on the return form. Also, enter the processing number for your return on the return form along with all other required information.
In addition to the foregoing, BEI will not accept returns for personalized or customized items or for ‘Final Sale’ items.
ITEMS DAMAGED IN SHIPPING OR DEFECTIVE ITEMS
If you receive an item that is broken due to manufacturing defect or damaged during shipping and handling, at our discretion, we will repair or exchange the item and ship it to you at our expense.
When you receive your package and have any reason to believe that your item may be damaged, please take photographs , time and date stamped if possible, of the exterior and interior of the original packaging. You must contact us within 10 business days of the receipt of the merchandise, providing all pertinent information in order to receive a repair or exchange.
RECEIVING A REFUND
All sales taxes charged on your order will be refunded. However, for orders sent outside the United States, customs duties and sales taxes not charged to you by BEI are non-refundable. You may be able to recover these by contacting your local customs bureau directly. Exchanges sent by BEI to destinations outside of the U.S.A. will be processed for customs clearance and any duties or other charges which must be paid by BEI before shipping will be billed to your credit card.
You agree to defend, indemnify and hold harmless BEI, its directors and shareholders, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of, or related to, any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against BEI and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY BEI, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BEI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. BEI DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BEI DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL BRYANT ENTERPRISES INCORPORATED., ITS DIRECTORS, SHAREHOLDERS,, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BRYANT ENTERPRISES INC., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BRYANT ENTERPRISES INC.ORPOATED’S RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms of Service and your use of this site will be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Manhattan County, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.