Terms of Sale
Terms of Sale
This Terms of Sale Agreement (this “Agreement”) constitutes a binding legal contract between you and 1 Bag at a Time, Inc. , a California corporation, (“1BAG”), , which is the owner and operator of the www.1bagatatime.com website (the “Site”). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
The items covered in this Terms of Sale page are:
- Orders and Sales Tax
- Product Descriptions
- Refunds or Exchanges
- Payments and Disputed Payments
- Pricing; Shipping Pricing Errors Other Errors
- Safe Shopping & Security
- Shipping Order Status
- Disclaimer of Warranties
- Waiver and Limitation of Liability
- Governing Law and Venue
- Agreement to Use Arbitration
This agreement was last modified: October 14, 2011
Orders and Sales Tax
You may place your order on our Site at any time (subject to any planned or unplanned periodic downtime). With respect to taxes, in general, no taxes are due for purchases shipped to destinations outside the state of California. 1BAG will make customers aware of the tax amount due at the point of purchase.
We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. If you are unsatisfied with the product you receive, you may return unused products according to the terms of our refund policy (see below).
Prices and information are updated periodically and are current to the best of our knowledge when posted. However, some products, prices, manufacturer promotions, product information, photos, or offers may change before we are able to update and post the information on our web site. In the event of an unexpected cost increase or other change, we will contact you to determine whether you want to continue your order at the new price or cancel it. We reserve the right to decline acceptance of any orders.
We have made every effort to display the items featured on this Site as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, may greatly affect the colors actually seen on the screen. The Site cannot be responsible for your monitor’s display of any color or detail.
Refunds or Exchanges
We offer a 30-day limited warranty on all bags purchased via our Site. We will replace, within the first 30 days of purchase, any defective bags (purchased via the Site) which malfunction as a result of defects in design, materials and workmanship. This warranty does not apply to damage to bags caused by unreasonable use, misuse, neglect, or other causes not arising out of defects in material or workmanship. Please contact us at firstname.lastname@example.org if you need to make a warranty claim. We will send you a claim form for return of your product. Please note that shipping costs both ways are non-refundable and the responsibility of the customer.
If a bag is altered or customized in any way after purchase from us, you void all warranties and the bag is non-refundable.
1BAG will not be held responsible, under any circumstances, for damages or injuries caused by defective or misprinted bags, or misuse of bags. Additionally, 1BAG. will not be held responsible, under any circumstances, for damages or injuries caused by late delivery of bags or orders, regardless of the reason or cause.
We reserve the right to refuse service to anyone.
Payments and Disputed Payments
1BAG does not accept checks, drafts, or money orders for orders submitted through the Site. We accept major credit cards, including Visa, MasterCard, Discover and American Express. Customer will bear all costs associated with a disputed credit card charge which results in action from 1BAG’s merchant account provider, otherwise known as “chargebacks”.
Pricing, Shipping, Pricing Errors, and Other Pricing Errors
Prices offered on the Site are quoted in U.S. Dollars. Such prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total invoice price. Customer is responsible for payment of any shipping and handling charges, state taxes, and/or local sales or use taxes that may apply to the customer’s order(s).
Occasionally, pricing errors may occur on our website. If the amount you pay for an item is obviously incorrect or otherwise determined to be incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
Safe Shopping & Security
Please click here to view Your Privacy Rights which describes our security procedures.
In most situations, orders which are received and processed via the Site will be fulfilled and shipped from our warehouse within 2 business days if the item is in stock. 1BAG reserves the right to select and use, at its discretion, a carrier which it deems suitable and/or necessary for handling timely transport and delivery of the ordered items.
After you have placed an order on the Site, you should receive, within one business day, an order confirmation email from us which includes an order confirmation number. If you do not receive the order confirmation email within one business day after placing your online order, please make sure that 1bagatatime.com is on your safe sender list and check your spam or junk mail folder. After your order has been shipped from our warehouse, we will send you a shipment confirmation email which will include the shipping carrier’s tracking number for your order, if available. Once orders have been shipped, we can no longer cancel or change them. Please see our refund policy.
In addition, if you have created an account on our site, you can review the status of these order numbers by logging into your account at www.1bagatatime.com and viewing your order history online. If a carrier tracking number is available, you can click on the carrier tracking number to view the detailed delivery status of your order. By placing an order with 1BAG, you consent to receive emails and/or other communications from 1BAG regarding your order. You can contact us at 888-478-3886 M-F from 9-5 PST if you have any questions concerning your order.
Disclaimer of Warranties
YOU, AS THE CUSTOMER, HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF 1BAG. YOU ACKNOWLEDGE BY YOUR USE OF 1BAG’S PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH 1BAG’S PRODUCTS. 1BAG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTHHEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Waiver and Limitation of Liability
1BAG HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT 1BAG WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301.
FOLLOW ALL INSTRUCTIONS AND HEED ALL WARNINGS ACCOMPANYING ANY PRODUCTS ASSOCIATED WITH THE SITE. SOME PRODUCTS, INCLUDING THOSE WITH SMALL PIECES OR THOSE WHICH MAY IMPEDE BREATHING, MAY NOT BE SUITABLE FOR CHILDREN AND SHOULD BE KEPT OUT OF THE REACH OF CHILDREN.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST 1BAG ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE
BY PURCHASING ITEMS VIA THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS 1BAG FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY SUCH PURCHASED ITEMS.
Governing Law and Venue
This Agreement, the entire relationship between you and 1BAG, and any litigation or other legal proceeding between you and 1BAG (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its choice of law rules. This contract is fully performable in Los Angeles County, California.
Agreement to use Arbitration
ANY CONTROVERSY OR CLAIM RISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH OF THIS CONTRACT, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, IN LOS ANGELES COUNTY, CALIFORNIA. THE COSTS OF ARBITRATION SHALL BE SHARED EQUALLY BETWEEN THE PARTIES. THE ARBITRATOR’S DECISION WILL BE BINDING AND MAY NOT BE APPEALED. A JUDGMENT OF A COURT HAVING JURISDICTION MAY BE ENTERED UPON THE ARBITRATOR’S AWARD.
To find out more about arbitration contact the American Arbitration Association at http://www.adr.org/