Welcome to the biffle Marketplace. The biffle USA Inc website (biffle) provides services to you subject to the following conditions. If you visit or use the website services offered by biffle located at www.biffle.com (the “Website”), you accept these Terms and Conditions (“Terms”). Please read them carefully.
When you visit www.biffle.com or send emails to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of biffle or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of biffle and protected by U.S. and international copyright laws. All software used on this Website is the property of biffle or its software suppliers and protected by United States and international copyright laws.
biffle and other website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of biffle in the U.S. and/or other countries. biffle‘s trademarks and trade dress may not be used in connection with any product or service that is not biffle‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits biffle. All other trademarks not owned by biffle that appear on the Website are the property of its respective owners, who may or may not be affiliated with, connected to, or sponsored by biffle.
LICENSE AND WEBSITE ACCESS
biffle grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of biffle. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of biffle. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of biffle without the express written consent of biffle. You may not use any meta tags or any other “hidden text” utilizing biffle‘s name or trademarks without the express written consent of biffle. Any unauthorized use of the Website terminates the permission or license granted by biffle. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.biffle.com so long as the link does not portray biffle, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any biffle logo or other proprietary graphic or trademark as part of the link without express written permission.
The biffle PROMISE
The biffle Promise guarantees your satisfaction by assuring you of:
The best price on the Internet;
The security of your payment information;
The safe and timely delivery of your purchase;
A consumer-friendly return policy; and
That biffle always acts in your best interests.
So, when you know what you want to buy…just biffle it!
YOUR RELATIONSHIP WITH biffle
biffle aligns itself with you to facilitate transactions between you and a seller. biffle strives to make purchases facilitated by biffle to be smooth, hassle-free, and rewarding. We are committed to making your experience with biffle a positive one. You can make biffle-facilitated purchases with trust and confidence. biffle stands behind you with the biffle Promise.
biffle does not purchase goods on your behalf nor does biffle take title of any goods on your behalf. We do not transfer legal ownership of items from the seller to the buyer, and nothing in these Terms shall modify the governing provisions of Uniform Commercial Code 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with Uniform Commercial Code 2-401(2).
biffle makes no representations or guarantees with respect to the nature, quality, or suitability of the goods you purchased through biffle. However, biffle will reasonably facilitate exchanges and returns with sellers for goods that do not meet your reasonable expectations. biffle reserves the right to terminate its relationship with you at any time or if you are in clear violation of these Terms.
You acknowledge and agree that before you use this Website to make a purchase through biffle or download any content from this Website, you are required to register as a member of the Website. You agree to: (1) provide, true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If biffle has reason to believe that the Registration Data is untrue, inaccurate, or incomplete, biffle has the right to suspend or terminate your account and refuse any and all current or future use of the Website. You agree that biffle may rely on the Registration Data to send you important information and notice regarding your account and its services. biffle will have no liability associated with or arising from your failure to maintain accurate Registration Data, including but not limited to your failure to receive critical information about your account or the services.
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In no event will biffle be liable for the unauthorized use or misuse of your account and/or password. biffle will not engage in transactions directly with children or individuals under the age of 18 without the involvement of a parent or a guardian. If you are under 18, you may use www.biffle.com only with involvement of a parent or guardian. Your parent or guardian will be responsible for any binding, legal obligation or any liability that you may incur as a result of the use of this Website. biffle reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Further, we cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. biffle is are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of this Website and biffle’s services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
biffle and its affiliates may alter, change or improve the Website at any time and without notice. biffle and its affiliates make no commitment to update the Website. biffle and its affiliates make no representations about the Website’s suitability for any purpose.
Return Policy for Merchandise Purchased through biffle:
You must request an RMA# (Return Merchandise Authorization) within fourteen (14) days of delivery;
Returned items must be in like-new condition and in original packaging and accessories;
A credit (to your credit card, or bank account) will be issued, subject to applicable Restocking, Missing Item or Damaged Product Fees;
A Restocking Fee of fifteen percent (15%) will be charged on opened merchandise;
Restocking Fees do not apply to:
Items damaged in transit or otherwise defective;
Merchandise you did not order;
Returns from jurisdictions where Restocking Fees are prohibited by law.
A Missing Item Fee will be charged for any product missing any of the following: the original box, packaging material, contents, accessories and/or manuals;
A Damaged Product Fee will be charged for any product damaged while in your possession (i.e., any product not in “like new” condition); and
biffle is not responsible for any personal data left in returned items (i.e., compact discs left in computers or data in wireless phones).
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Registered Members may post suggestions, ideas, comments, photos, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your message. biffle reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant biffle a world-wide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Similarly, you permit any user of the biffle website to download, reproduce, store, manipulate, view, print, and display any content you supply for that user’s personal use in accordance with these Terms. You grant biffle and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify biffle for all claims resulting from content you supply. biffle has the right but not the obligation to monitor and edit or remove any activity or content. biffle takes no responsibility and assumes no liability for any content posted by you or any third party.
biffle and its partners work together to keep our Website and services working properly and the community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our Website, delay or remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
RISK OF LOSS
All items purchased through biffle are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery from the carrier. At no time shall biffle or its affiliates be responsible for risk of loss or title for goods purchased through biffle.
biffle attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error-free. If a product that is received is not as described, your sole remedy is to return it in unused condition subject to the biffle Return Policy.
biffle endeavors to provide accurate information regarding pricing and availability of goods to the best of its ability. However, with respect to items purchased for you by biffle, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of items may be mispriced or out of stock. If for reasons outside of biffle‘s control, a listed price is inaccurate or goods are no longer available, we will notify you that the goods are no longer available or the goods are available at a different price. You will have the option of accepting goods at a different price or from a different seller, or request cancellation of your previous order.
Please note that this policy applies only to products purchased through biffle.
The products described on the biffle Website are sold by parties other than biffle. biffle is are not responsible for examining or evaluating the products offered by any of these businesses. biffle does not assume any responsibility or liability for the actions or products of any of these third party sellers.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS Website AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS Website ARE PROVIDED BY BIFFLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BIFFLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS Website OR TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS Website, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS Website IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIFFLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS (APPROPRIATENESS?) FOR A PARTICULAR PURPOSE. BIFFLE DOES NOT WARRANT THAT THIS Website, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS Website, THEIR SERVERS OR E-MAIL SENT FROM BIFFLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIFFLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS Website OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS Website, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If you have a dispute with one or more users arising out of your use of the biffle Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
By visiting biffle, you agree that the laws of the State of Missouri, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and biffle.
Any dispute relating in any way to your visits to the biffle Website or to products or services available through biffle in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1,000 shall be adjudicated in any state or federal court in St. Louis, Missouri, and you consent to exclusive jurisdiction and venue in such courts.
WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY
biffle USA Inc
4240 Duncan Ave, Suite 200
St. Louis, MO 63110