Terms
of Use
These Terms of Use govern your use of, and any purchase from,
the BRYANT ENTERPRISES INCORPORATED (hereinafter BEI) Site, and constitute an
agreement between you and BEI. BEI reserves the right to change or modify
any of these Terms of Use or any policy or guideline of the Site at any time and
in its sole discretion. Any change or modification will be effective
immediately upon posting of the revisions on the Site. Your continued use of
the Site following the posting of its changes or modifications will constitute
your acceptance of such changes or modifications. Therefore, you should
frequently review these Terms of Use and any other applicable policies from
time-to-time for the terms and conditions that currently apply to your use of
the Site.
Site Content
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
Your use this Site at
your sole risk. You agree that you will be personally responsible for your use
of this Site and for all of your communication and activity on this Site. We
reserve the right to deny you access to this Site, or any part of this Site, at
any time without notice if we determine, in our sole discretion, that you
engaged in prohibited activities, were not respectful of other users, or
otherwise violated these Terms of Use.
In our sole direction, we may deny you access to this Site on a
temporary or permanent basis and any decision to do so is final.
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.
You are granted a personal, limited, non-sub-licensable license
to access and use our Site and electronically copy (except where prohibited
without a license) and print to hard copy portions of our Site Materials for
your informational, non-commercial and personal use only. Such license is
subject to these Terms of Use and does not include: (a) any resale or
commercial use of our Site or the Site Materials therein; (b) the collection
and use of any product listings, pictures or descriptions for commercial
purposes; (c) the distribution, public performance or public display of any
Site Materials; (d) modifying or otherwise making any derivative uses of our
Site and the Site Materials, or any portion thereof; (e) use of any automated
means to access, monitor or interact with any portion of our Site, including
through data mining, robots, spiders, scraping, or similar data gathering or
extraction methods; (f) downloading (other than the page caching) of any
portion of our Site, the Site Materials or any information contained therein,
except as expressly permitted on our Site; (g) cause to appear any pop-up,
pop-under, exit windows, expanding buttons, banners, advertisement, or anything
else which minimizes, covers, or frames or inhibits the full display of our
Site; (h) use our web sites in any way which interferes with the normal
operation of our sites; or (i) any use of our Site or the Site Materials other
than for its intended purpose. Any use of our Site or the Site Materials other
than as specifically authorized herein, without the prior written permission of
BEI, is strictly prohibited and will terminate the license granted herein. Such
unauthorized use may also violate applicable laws, including, without
limitation, copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in these Terms
of Use shall be construed as conferring any license to intellectual property
rights, whether by estoppel, implication, or otherwise. This license is
revocable at any time.
Infringer Policy
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.
Submissions
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.
REGISTRATION
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.
We may change registration requirements from time to time. When
you register and create an account, you are required to provide information
about yourself that is true, accurate, current and complete in all respects.
Should any of your registration information change, please notify us
immediately at the following e-mail address info@JohnLandrumBryant.com. You may
also want to view our Privacy Policy.
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.
ORDERS
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
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 info@johnlandrumbryant.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.
INDEMNIFICATION
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.
Privacy Policy
Please refer to our Privacy Policy for information on how BEI
collects, uses, and discloses personally identifiable information from its
customers.
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.
Severability
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.