Terms and Conditions of Sale
1. Application of the legal conditions
These Terms and Conditions of Sale shall apply to all the BUFF products (“Product(s)”) offered by Buff, Inc. (“BUFF” or “we”, “us”) through its Website.
The products offered through this Website are available for sale in United States of America. BUFF reserves the right to amend these Terms and Conditions of Sale, from time to time, without previous warning and according to its own requirements. Said conditions will become effective upon being displayed on the Website and shall take effect and will remain in force until amended and duly published on the Website. The Terms and Conditions of Sale posted on the Website at the time the customer places an order will govern that purchase.
2. Details concerning the purchase agreement: The Contracting Party
Buff, Inc. 133 Aviation Blvd. Ste 105 Santa Rosa, CA 95403. The contract for the purchase, sale and delivery of products will be between you and Buff, Inc. and subject to these Terms and Conditions of Sale.
3. Placing orders on the website
An e-mail address is required to place an order. When an order has been submitted, BUFF will send an email confirmation acknowledging receipt of the order.
Our acceptance of the order occurs when the Products are shipped. BUFF will send an email confirming the Products have been shipped. If we are unable to supply the Product, we will inform you in writing as soon as possible and we will not process the order. The Website is intended solely to sell BUFF products direct to end consumers, not for resale. Purchase for resale is strictly prohibited. If we believe you are involved in purchase for resale, we reserve the right to take appropriate action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account. When you send us your order, we may validate the order details before it is fulfilled. Validations may include verifying your address, checking for fraud, and/or orders being sent to international freight forwarders. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Website will be investigated and if necessary prosecuted.
4. Prices and offers
Prices of the Products will be as displayed on the Website. All Product prices displayed in the Website are indicated in the local currency and exclude the cost of shipping and packaging. For details on shipping rates see the section 7 of these Terms and Conditions of Sale.
The total price displayed in the final check out screen includes tax and shipping costs.
All Products are shipped from our distribution warehouse in Franklin, Massachusetts.
We take all reasonable care to ensure that the price of the Product advised to you is correct. It is always possible that, despite our best efforts, some of the Products we advertise may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may cancel the order, refund the payment amount and require the return of any Product(s) provided.
We reserve the right to remove any Product from the website at all times. Prices may change from time to time, but changes will not affect any order which we have confirmed.
All the Products offered at a discounted price will be shown on the Website with the following information: discount price, standard price (MSRP). Voucher/discount codes will not apply to discounted Products. We make every effort possible to show the colors of the Products as close to the actual colors as possible. Nevertheless, the color of Products displayed on the Website may vary depending on the light and quality of the photograph, your computer screen or other factors beyond our control. Please contact us if you have any doubts concerning the color of our models.
The packaging of the Product may vary from what may be shown in images on our Website.
5. Terms of payment
You can find information on the available payment methods in the FAQ section of the Website and at the point of the check out – “Accepted Credit Cards.”
6. Delivery: times and costs
Shipping rates are applied per order. The exact shipping rates depend on the location where your order is being delivered to and the type of service selected.
Please refer to our “Shipping and Promotions” page to find updated and completed information on shipping and times. Whenever possible, we attempt to deliver all items from a single order at the same time. We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an email to the email address provided. You will not be charged for any additional delivery costs.
Upon delivery, please inspect the packaging for damage. If it appears that the Products are damaged, please do not accept the shipment.
If you make a purchase that exceeds the $50 FREE SHIPPING threshold, you will receive FREE ‘standard delivery’. Other conditions may also qualify you for free shipping. See the “Shipping and Promotions” section of the Website for additional shipping information. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (more than 30 days) you may contact us to initiate a resolution, either with a replacement order or a refund of the original payment for products not received.
7. Customized products
Please understand that while we have the right to decline your proposed personalization or design, you are solely responsible for its design and personalization, and we have no obligation to review or decline your proposed design or personalization. In particular, without limitation or obligation, we retain the right to reject, a proposed design that contains a trademark belonging to third party, the names of sports teams, athletes or celebrities that neither you or we have the right to use, or because it contains material that we consider inappropriate (as insulting or discriminatory content, etc…) . If we reject your proposed design you will be notified as soon as possible by email. However, notwithstanding the preceding section, we are not responsible to check any proposed design for infringement issues. You agree to indemnify, defend and hold harmless BUFF, our parent company and /or affiliates, and each entity’s respective directors, officers, employees, agents, successors and assigns (“Indemnified Parties”) from and against any all costs, liabilities, losses, damages, penalties, fines and expenses (including reasonable attorneys’ fees), settlements, claims, allegations, actions or suits incurred by or asserted Indemnified Parties in connection with or arising out of any claim made by a third party alleging a violation of any intellectual property rights related to, arising from, or with regards to the personalization of the Products, including but not limited to patent, trademark or copyright infringement. Upon our request, you will promptly provide to us a written statement of authorship and/or authorization granted to use the design, or the personalization created by someone else.
In the event the design or personalization is created by using our proposed patterns as backgrounds, icons art designs and typographies, made available by us during the design process, such work is a BUFF copyrighted artwork. You undertake not to use and reproduce such artwork by any means.
In the event you create the design and personalization, such design and personalization qualifies as “Customer Content” and the following terms apply: you represent that you have the right to use the “Customer Content” and you grant to us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the Customer Content used in connection with the Website, including any of the concepts or ideas contained in the Customer Content, for any purpose, including but not limited to commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
Defects or imperfections due to incorrect use or handling of the material or the wear and tear caused by normal use of said item are not covered by this legal guarantee.
Furthermore, reduced functionality of Products, due to the design limitations of the Products are also excluded from the cover of this guarantee.
9. Returns & Cancellations policy
RETURN IN CASE OF DEFECTIVE OR NON-IN CONFORMITY PRODUCTS
You are entitled to return Products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. In the event your claim is justified, we will refund you the purchase price and the shipping costs. For information on how to return, please see the Return & Cancellation Policy.
You have a right to return your order within 30 days from the day after the order has been received and receive a refund.
You will be required to return the Products to us in order to be eligible for refund. You are responsible for paying the cost of return (the shipping and handling costs associated with sending your cancelled order back to us).
You must send the Products to us without undue delay within the 30 days of receipt of the Product and we will:
- refund you the price you paid for the Products;
- refund any costs you have paid for delivery to you, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method.
Refunds will be issued within fourteen (14) days from the day on which we receive the Product back from you in perfect conditions.
Custom Products orders cannot be cancelled or returned. Furthermore, we reserve the right to cancel or refuse a custom Products order at our unfettered discretion.
10. Customer liability
When you place an order on our Website, you represent and warrant that all the information provided is truthful and accurate and you acknowledge and agree that you will be liable for any harm, direct or indirect, caused to us or a third party resulting from the incorrect nature of said information.
Furthermore, you are responsible for providing us with a delivery address to which the Product can be delivered during normal working hours (from Monday to Friday: from 9 am to 6 pm). Failure to abide by any of these conditions may result in the order cancellation without notice and without compensation.
11. Protecting personal data
12. Force Majeure event
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in the event of an Event of Force Majeure.
An Event of Force Majeure means (1) any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, backorder situations or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (2) that we could not reasonably be expected to have taken into account the impediment and its effects upon our ability to perform at the time of the conclusion of the purchase contract agreement, and (3) that we could not reasonably have avoided.
If an Event of Force Majeure takes place and affects the performance of our obligations under these terms:
- we will contact you as soon as reasonably possible; and
- our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event of Force majeure. Where the Event of Force Majeure affects delivery of Products, we will arrange a new delivery date with you after the Event of Force Majeure is over.
You may cancel an order affected by an Event of Force Majeure which has continued for more than 30 days from the date of order. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received, and we will refund the price you have paid, including delivery charges (where applicable).
13. Governing law
These Terms and Conditions of Sale and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, United States, exclusive of conflict or choice of law rules.
Any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these terms to arbitrate, shall be determined by arbitration in Santa Rosa, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The parties acknowledge that these terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
In any arbitration arising out of or related to these terms, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
In any arbitration arising out of or related to these terms, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
In case you have a complaint, please contact us via our customer service.
Contact BUFF | We are here to help you!
The customer service agents at BUFF will be happy to help you. You can reach our team by email firstname.lastname@example.org or Live Chat. We also provide customer service via phone 707-569-9009 Monday – Friday 8:00 am -5:00 pm Pacific Standard time zone.
BUFF tip: For inquiries about orders, please indicate your order number. We do our best to answer all inquiries within 24-48 hours.