Please read these Terms and Conditions carefully before using the bungalow-rose.com website or purchasing our products.
1. Introduction
This page states the Terms and Conditions under which Bungalow Rose® (“we,” “us,” “our“) offers you access to bungalow-rose.com and any related sites, sales channels, mobile applications, and other services provided by us (collectively, the “Site“).
These Terms apply to any Bungalow Rose® customer, site visitor, or other party interacting with the Site or purchasing our products in any capacity.
By accessing or using the Site, registering for an account with us, or purchasing our products, you agree to be legally bound by these Terms and our Privacy Policy. If you do not accept these Terms, you do not have permission to use this Site or purchase products.
We may modify these Terms at any time at our sole discretion by posting updated Terms. You should periodically review these pages for the latest version. Your continued use of the Site after revisions to the Terms constitutes your acceptance of the changes.
2. Use of the Site
Permitted Use: The Site is intended for customers buying our products for personal, noncommercial use. You may download and print portions of the Site content for this purpose. However, no materials from this Site may be otherwise copied, reproduced, republished, downloaded, scraped, posted, transmitted, sold or distributed in any way without our express written permission.
Prohibited Use: Any use of the Site that we deem improper or unlawful is prohibited including:
- Harassing or abusing site employees or other users
- Posting or transmitting spam, illegal content or violating copyrights
- Attempting to interfere with the proper operation of the Site
- Impersonating another person or otherwise misrepresenting your affiliation
- Violating the privacy of any third party
- Using viruses, bots, scrapers, or other automated means to access the Site
We reserve the right to terminate your account or access to the Site for any reason at our discretion.
Account Registration: Certain sections of the Site may require you to register for an account. When registering, you agree to provide accurate and complete information about yourself. You are solely responsible for any activity occurring on or through your account and for keeping your account password secure. Inform us immediately of any unauthorized account use or other breach of security.
Right to Use Content: We retain full intellectual property rights for all content on the Site, including brands, logos, photographs, written content, and other materials. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site content solely in connection with your permitted use of the Site and purchase of our products.
Reviews & User Content: If you choose to post product reviews, comments or other content anywhere on our Site, you agree that we can reproduce, distribute and display this content freely in any manner. You shall remain solely responsible for all user content you post.
3. Sale of Goods
Order Process: By completing checkout and submitting an order, you are making an offer to purchase the selected product(s). All orders require acceptance by us which will occur via shipment confirmation email. We reserve the right to decline orders at our sole discretion.
Prices: Prices stated on the Site are subject to change without notice. Price changes will not affect orders that we have expressly accepted. Posted prices do not include shipping costs or applicable taxes/fees unless otherwise noted. You are responsible for paying shipping fees, taxes, customs duties or other incidental charges.
**Availability:**Items available for purchase may change without notice based on sudden changes in inventory. We do not guarantee availability of any product displayed on the Site.
Shipping: We will arrange shipment of your order to the address specified at checkout. You assume full risk and responsibility for all shipped goods from the time of delivery to carrier. We will provide an estimated shipment timeframe but cannot guarantee a specific arrival date.
Returns: Purchases are returnable only according to our current Return Policy.
**Warranties:**Purchased items may be covered by a manufacturer’s warranty indicated on the product page. Other than manufacturer warranties, we make no additional warranties on goods sold. Please refer to our Warranty Policy for more details.
4. Payment
You agree to pay the prices displayed for the items you purchase plus any applicable taxes, fees, and shipping charges.
Accepted Payment Methods: We accept major credit cards and PayPal. We reserve the right to change acceptable payment providers at any time. You represent that you are authorized to use the payment method tendered.
Recurring Payments: Some Site features or subscriptions may involve recurring periodic charges to your payment method on file. By authorizing a recurring payment, you authorize us to automatically charge your card or payment method on a scheduled basis until canceled.
Automatic Renewal: If you enroll in an automatically renewing offer or subscription, it will remain in effect until you cancel the enrollment or we terminate it. You authorize us to automatically extend your enrollment period and charge your payment method on file, at the then-current regular price plus taxes and fees, at the end of each term.
5. Indemnification
You agree to indemnify and hold Bungalow Rose® harmless from any demand, claim or application for damages, losses, investigations, liabilities, lawsuits, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to your use of the Site, placement or transmission of content, ordering of products, violation of these Terms, or infringement by you upon any intellectual property rights or other right of any person or entity.
6. Disclaimers
No Warranties: Use of the Site and purchase of our products are at your sole risk. The Site and products are provided “as is” without warranties of any kind either express or implied. We expressly disclaim all warranties of any kind including but not limited to implied warranties as to merchantability, fitness for a particular purpose, and non-infringement.
Accuracy: Although we aim for integrity of posted information, we do not warrant the accuracy, completeness, or usefulness of Site content. Information may contain errors, inaccuracies or omissions. You use the Site at your own risk.
**Third Party Content:**We are not liable for any third party content or opinions that may appear on the Site, including opinions expressed in product reviews. Such third party content should not be interpreted as our endorsement of those views.
Unforeseen Events: We shall not be liable for unforeseen events beyond our control including but not limited to labor disturbances, technology failures, or acts of nature that prevent access to the Site.
**No Liability:**In no event will Bungalow Rose® or its suppliers, agents, directors, partners, contractors or employees be liable for lost profits or any special, incidental or consequential damages arising from or related to your use of the Site or purchase of products, even if we have been advised of such potential damages.
7. Miscellaneous
Governing Law: These Terms and your use of the Site are governed by the laws of the State of California without regard to conflict of laws principles. You consent to the jurisdiction of federal and state courts in California for resolution of any disputes arising from your use of the Site or purchase of products.
No Agency: No agency, partnership, franchise, joint venture, or employee-employer relationship is intended or created by these Terms or your use of this Site. Neither party shall make representations that could imply such a relationship between you and Bungalow Rose®.
Assignment: We may assign our rights and duties under these Terms at our discretion. You may not assign your rights or duties without our written consent.
Severability: If any provision of these Terms is deemed invalid by a court of law, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.
**No Waiver:**Our failure to act on a breach of these Terms does not waive our rights to act on subsequent breaches.
Contact Us: If you have any questions about these Terms or wish to share feedback or complaints, please email us at [email protected] or mail us at:
Bungalow Rose®
3992 Bungalow Road
SENECA CASTLE, NY
Effective Date: January 1, 2023
