Terms OF SALE

 

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms of Sale") apply to the purchase and sale of products and services through mybuffr.com (the "Site"). These Terms of Sale are subject to change by Buffr, LLC (referred to as “buffr”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on this Site, and you should review these Terms of Sale before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes.

 

These Terms of Sale form an integral part of the Site Terms of Service that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 7, “Privacy”).

 

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between buffr and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us at contact@mybuffr.com.

 

3. Prices and Payment Terms.

 

• All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.

 

• Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. The credit cards and payment methods that we accept are as posted on the Site. If you use a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 

 

4. Shipments; Delivery; Title and Risk of Loss.

 

• We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay any and all shipping and handling charges specified during the ordering process.

 

• Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

5. Returns. Our Return Policy is as posted on our Site, which you can review here. Our Return Policy is incorporated into and forms a part of these Terms of Sale.  Should a conflict arise between our Return Policy and these Terms of Sale, the terms of our Return Policy shall supersede and govern, but only with respect to the order(s) in question. 

 

6. WAIVER; DISCLAIMERS; NO WARRANTY; LIMITATION OF LIABILITY.
   • Although we believe that, when properly worn and used in the course of reasonable physical exercise activity, our products will protect against the bottom of your rings from becoming scuffed or scratched, because individuals vary in the amounts and types of weight they handle and the manner in which they exercise, we simply cannot guarantee that the quality of any products or other material purchased or obtained by you pursuant to these Terms of Sale will meet your expectations or suit your particular purpose. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH ANY PURCHASED PRODUCT IS PROVIDED IN OUR RETURN POLICY. 
   • AS SET FORTH IN THE DISCLAIMER POSTED ON OUR SITE (AVAILABLE AT  DISCLAIMER), YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT:
     • THERE ARE RISKS WITH WEARING FINGER JEWELRY WHILE LIFTING OR HANDLING WEIGHTS AND PERFORMING BODILY EXERCISE OR ATHLETIC ACTIVITIES WHILE HANDLING MACHINES OR OBJECTS, INCLUDING RISKS OF SERIOUS BODILY INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE, INCLUDING (FOR EXAMPLE ONLY) THE RISKS THAT FINGER JEWELRY MAY BEND OR TEAR UNDER CERTAIN WEIGHT OR PHYSICAL FORCE;
     • BUFFR HAS MADE NO CLAIM TO YOU THAT ITS PRODUCTS WILL PROTECT AGAINST ANY SUCH RISKS;
     • In no case shall buffr, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, arising from YOUR USE OF BUFFR PRODUCTS. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

7. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, [INSERT LINK], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

 

8. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export.

 

9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, passage of law or any action taken by a governmental or public authority, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, denial-of-service attacks, or other similar events, including any such event that impacts on a third-party provider.

 

10. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of Connecticut, U.S.A., without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Connecticut. Both parties consent to the exclusive jurisdiction and venue of the Connecticut federal courts or the Superior Court for the Judicial District of New Haven, in New Haven, Connecticut, U.S.A. for all disputes arising out of or relating to this Site, any order placed through this Site, and any use of the Service.  

 

11. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

 

12. No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of buffr.

 

13. No Third Party Beneficiaries. These Terms of Sale does not and is not intended to confer any rights or remedies upon any person other than you.

 

14. Notices.

 

• To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

 

• To Us. To give us notice under these Terms of Sale, you must contact us as follows: (i) by email to contact@mybuffr.com; or (ii) by registered or certified mail to mybuffr, Buffr Team, P.O. Box 100, Cos Cob, CT 06807. We may update the email or mailing address for notices to us by posting a notice on the Site. Notices provided by email during business hours will be effective immediately. Notices provided by mail will be effective three (3) business day after they are sent.

 

15. Severability. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.

 

16. Entire Agreement. Our order confirmation, these Terms of Sale, our Site Terms of Use, and items incorporated by reference in those Terms of Sale and Terms of Use, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale. Should a conflict arise between our Terms of Use and these Terms of Sale, the Terms of Sale shall supersede and govern, but only with respect to the order(s) in question.