BAXTERANDBONNY.COM WEBSITE 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 this document carefully. By placing an order for sunglasses from this website, you accept and are bound by the terms and conditions contained herein (“Terms”).

You may not order or obtain sunglasses or other products 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 with Kenmark Optical, Inc., or (c) are prohibited from accessing or using this website or any of this website’s contents or goods by applicable law.

These Terms apply to the purchase and sale of products through the website baxterandbonny.com (the “Site”). These Terms are subject to change by Kenmark Optical, Inc. (referred to herein as “Kenmark”, “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 will be posted on this Site, and you should review these Terms prior to purchasing any products that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the baxterandbonny.com Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site.


2.
Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell our products to you. After having received your order, we will send you a confirmation e-mail 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 Kenmark and you will not take place unless and until you have received your order confirmation e-mail. In our sole discretion, we may decline to accept your order. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by contacting us at hello@baxterandbonny.com .


3.
Prices and Payment Terms.

(a)   All prices posted on the Site are subject to change without notice. The price charged for sunglasses will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. 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 e-mail.

(b)  Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, Discover, and American Express for all purchases. 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 arrange for shipment of the sunglasses you order from the Site to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.  Title and risk of loss pass to you upon our transfer of the products in your order to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. For customers residing outside of the United States, agree to promptly pay all applicable taxes upon delivery of your items.


5.
Returns and Refunds.

Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 7 business days of delivery and provided such products are returned in their original condition. To return products, you must e-mail us in advance at hello@baxterandbonny.com to process your return. You are responsible for all shipping and handling charges on returned items. Refunds are processed within approximately fifteen business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.


6.
Limitation of Liability.

Our liability will under no circumstances exceed the actual amount paid by you for the defective product that you have purchased through the Site, nor will we under any circumstances be liable for any consequential, incidental, special or punitive damages or losses, whether direct or indirect.


7.
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, as well as other countries, including all Export Regulations, as defined below. 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. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).


8.
Intellectual Property Use and Ownership.

You acknowledge and agree that Kenmark and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site or of any intellectual property rights relating to those products.


9.
Privacy.

Kenmark respects your privacy and is committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of sunglasses through the Site.


10.
Notices.

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

(b)   To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to hello@baxterandbonny.com; or (ii) by personal delivery, overnight courier or registered or certified mail to 1800 Research Drive, Louisville, KY 40299. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.


11.
Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the United States and specifically the Commonwealth of Kentucky, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the United States and the Commonwealth of Kentucky.


12.
General. 

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.  The failure by us to enforce any right or provision of these Terms 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 Kenmark.  These Terms do not and are not intended to confer any rights or remedies upon any person other than you.  If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.  Your baxterandbonny.com Order Confirmation, These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.