PURCHASE
AGREEMENT

PURCHASE AGREEMENT FOR TANGIBLE MERCHANDISE

 

We appreciate your support and interest in Baunty Channel Creations.

Kindly examine these Purchase Terms thoroughly. Your purchase of our products and/or services implies your acceptance of these terms and confirms that you have had ample opportunity to review them before making your purchase. These Terms become legally effective on the date of your product or service purchase.

This purchase agreement pertains to the acquisition or other means of obtaining tangible goods and services (referred to as "Products") between the individual referred to as the "Purchaser," "you," or "your," and Baunty Channel Creations, denoted as the "Company," "we," "us," or "our." This acquisition can occur through the Company's website at www.bauntychannel.com or any associated domains or subdomains (the "Website") or in-person interactions. The term "Parties" will encompass both the Company and the Purchaser, with each party referred to individually as a "Party.”

Upon selecting options such as 'Add to Cart,' 'Buy Now,' or any similar phrase on the purchase button, making an electronic or in-person payment, or subscribing through the Website in any manner, the Purchaser is indicating the Purchaser’s consent to comply with and be legally obligated by the following terms and conditions, including those specified in the comprehensive 'Terms and Conditions,' all of which are herein integrated by reference (referred to as the "Terms").

APPLICABILITY

These Terms exclusively regulate the manner in which the Company delivers the Company’s Products to Purchaser. They have the following implications:

Along with the Purchaser order confirmation (referred to as the "Order Confirmation"), they constitute the complete agreement (collectively, this "Agreement") between the Purchaser and the Company. They override all previous agreements, whether written or verbal, concerning the purchase, sale, and delivery of any Services and the usage of the Website. If there's any inconsistency between these Terms and the Order Confirmation, these Terms/the Order Confirmation will prevail, unless the Order Confirmation explicitly declares that these Terms will have precedence.

These Terms will take precedence over any terms and conditions presented by the Purchaser in any manner, such as in a request for proposal, order, or otherwise. The Company’s provision of Products to Purchaser does not signify acceptance of the Purchaser's terms and conditions in any way, nor does it lead to any alteration or modification of these Terms.

SCOPE OF PRODUCTS

The Company’s range of Products encompasses archival fine art prints, specifically paper prints. the Company commits to furnishing the Purchaser with the Products according to the specifications outlined in the Order Confirmation.

PRODUCT DELIVERY

Upon making a purchase and completing the Purchaser’s payment, the Purchaser will receive the Products as specified on the Website or as chosen prior to the Purchaser’s purchase. It's important to note that the delivery process may vary depending on the timing of the Purchaser’s purchase. For more details, please consult the product description and the purchase receipt sent to Purchaser’s email.

If a Product is labeled as presale or pre-order, it will be delivered in accordance with the information provided on the Website. The Company will make every reasonable effort to adhere to estimated delivery dates In the event that the Company cannot meet the estimated delivery times for presale Products, it will have the sole discretion to determine whether to issue a refund.

The company may ship the Products listed in the Order Confirmation separately based on their availability. Each shipment will be considered an individual sale, and the Purchaser will be responsible for covering the cost of each Product shipped, whether the shipment comprises a complete or partial order fulfillment.

In cases where the Company is unable to deliver the Products due to the Purchaser’s failure to provide the necessary instructions, addresses, documents, or authorizations: (i) any loss of Products will be the Purchaser’s responsibility; (ii) the Products will be considered as delivered; and (iii) the Company may, at the Company’s discretion, store the Products until Purchaser arranges for their pickup, with the Purchaser being responsible for all associated costs and expenses.

AVAILABILITY OF MERCHANDISE

The Company is unable to assure the availability of merchandise on the Company’s website, as it may have limited stock. In the event that merchandise is unavailable when the Purchaser’s order is being processed, the Company will inform the Purchaser via email. To confirm availability, please use the contact form provided.

PRICE OF PRODUCTS

The cost of the Company’s Products is as stated on the Order Confirmation (referred to as the "Sales Price"). If no price is specified on the Order Confirmation, the Sales Price will be the price listed on the Company's website as of the date mentioned in the Order Confirmation. The Company retains the right to cancel both full and partial orders in cases of pricing errors on the in-store presentation. Unless stated otherwise, all Fees are in USD.

NON-DELIVERY

The number of Products as documented by the Seller at the time of Order dispatch serves as proof of the quantity received by the Purchaser upon delivery. The Seller holds no responsibility for any instances of non-delivery of Products unless the Purchaser provides written notice to the Seller regarding the non-delivery within 7 days from the date when, under normal circumstances, the Products would have been received.

The Seller's liability for any non-delivery of the Products is limited to the cost of the actual quantity of Products that were not delivered. Beyond this cost, the Seller assumes no further liability.

DISCOUNTS AND SPECIAL OFFERS

From time to time, the Company may promote and advertise special offers, discounts, time-limited deals, and additional incentives (referred to as "Discounts") to potential customers. The Purchaser has the right to take advantage of any active Discounts when the Purchaser purchases the Company’s Products. These Discounts may be provided manually and/or through automated marketing campaigns at various times, and there is no guarantee that they will be available at the time of Purchaser purchase through the Website.

The Company retains the authority to modify or adjust any Discounts at the Company’s sole discretion and at any time. If the Purchaser made a purchase of the Company’s Products prior to the availability of any associated Discounts, the Company may, at the Company’s sole discretion, issue a partial refund in the form of store credit if the Purchaser notifies the Company within 7 days from the purchase date.

ORDER PROCESSING

The Company retains the authority to decline or annul any order the Purchaser initiates on the Website for various reasons, including instances of pricing errors, as elucidated in the Sales Price section of these Terms. The company also has the prerogative to restrict order quantities based on the Purchaser, payment method, or billing and shipping address. Furthermore, the Company has the discretion to disallow the purchase of the Company’s Products by resellers, distributors, and dealers.

PAYMENT AND BILLING

By supplying the Company with the Purchase’s preferred payment method, the Purchaser confirms and guarantees that:

The Purchaser has the authority to use that payment method, known as the "Authorized Payment Method."

The Purchaser grants the Company the permission to charge the Purchaser’s Authorized Payment Method for any fees associated with the Purchaser’s purchase of the Products. This includes but is not limited to, fees related to any paid features of the Website and/or the Company's subscription services in which the Purchaser has enrolled (collectively, the "Fees").

The Purchaser provides the Company with the right to share the necessary information with third parties to facilitate transactions initiated by the Purchaser or on the Purchaser’s behalf through the Purchaser’s Authorized Payment Method.

The Purchaser agrees to settle all charges incurred by the Purchaser or on the Purchaser’s behalf through the Website at the prevailing prices when those charges are incurred. This includes, but is not limited to, shipping and handling charges, applicable fees and taxes, insurance, and customs duties.

The Purchaser authorizes The Company to charge the Purchaser’s payment method for any Products received as part of any limited-time trial period offer if the Purchaser does not cancel the offer and/or return the Products on or before the last day of the trial period.

Unless otherwise specified, all Fees are denominated in USD.

ERRORS IN-STORE PRESENTATION

The company’s commitment is to provide accurate information and maintain regular updates to ensure the correction of any errors on the Website. However, it's important to note that any content on the Website may, at any given moment, be inaccurate or outdated. The Company reserves the right to modify Product prices, specifications, processes, Promotions, availability, and the Website in its entirety, irrespective of the circumstances.

While the Company makes every effort to display product colors accurately, please be aware that the colors the Purchaser sees may not be precise due to variations in the Purchaser’s monitor and/or mobile device.

INSPECTION OF NON-CONFORMING PRODUCTS

While the Company makes every effort to ensure that the Purchaser receives the precise Products the Purchaser ordered, there is a possibility that the Purchaser might receive a different product than what is listed on the Order Confirmation, or a product with contents that does not match the description on its label or packaging (referred to as "Nonconforming Products"). It is essential to inspect the Products within 2 days of their receipt, which the Company terms the "Inspection Period."

the Purchaser will be deemed to have accepted the Products unless the Purchaser communicates to the Company in writing about any Nonconforming Products by the conclusion of the Inspection Period, accompanied by the necessary documented evidence as stipulated by the Company. Suppose the Purchaser notifies the Company of any Nonconforming Products during the Inspection Period. In that case, the Company may, at the Company’s sole discretion and as the Purchaser’s exclusive remedies, (i) replace the Nonconforming Products with conforming Products, or (ii) provide a credit or refund equivalent to the Sales Price and any shipping and handling charges incurred by the Purchaser. In the event that the Company opts to replace the non-conforming products, the Purchaser will not be responsible for any shipping and handling fees.

LIMITED WARRANTY AND WARRANTY LIMITATIONS

• The Company provides the Purchaser with the following warranties:

• The Products will not be Nonconforming Products.

• The Products will be free from significant defects in material and workmanship starting from the date of shipment for a period of 30 days (referred to as the "Warranty Period").

• Fine art prints will remain free from significant fading for as long as they are in possession of the original buyer.

• It's important to note that the warranties outlined in this section do not extend to Products that have:

• Been misused, neglected, abused, or used in a manner contrary to the Company’s instructions or instructions provided by a third-party manufacturer.

• Been improperly tested, installed, stored, or handled.

• Been subjected to abnormal environmental conditions or physical stress (e.g., fine art prints displayed outdoors or in direct sunlight).

• Been altered, repaired, or reconstructed by anyone other than the Purchaser or the Company.

• Been used in conjunction with any other product not previously approved by the Company.

• Been manufactured by third parties.

RETURNS AND EXCHANGES

If the Company’s Products do not meet the Purchaser’s requirements and the Purchaser has adhered to the conditions specified in this section, the Company offers a 30-day return policy. The Company is committed to upholding the quality of all the Company’s prints and guaranteeing the Purchaser’s satisfaction with the Purchaser’s purchase. If, for any reason, the Purchaser is dissatisfied with a print, please promptly contact the Company so that the Company can address the Purchaser’s concerns and work towards a resolution. If the issue cannot be resolved, prints can be returned within 30 days. However, it's important to note that the purchaser is responsible for the return postage and is subject to a 20% restocking fee. In cases where a print arrives damaged, please notify the Company within 48 hours of delivery by sending pictures of the packaging and the artwork, and the Company will arrange for an exchange. All returns must be in their received condition and shipped in the original packaging or packaging of similar durability and insurance. To request a refund or store credit, please utilize the contact form provided. Refunds will be processed for the Sales Price, minus any applicable shipping and handling fees.

If the Purchaser prefers to exchange the Products the Purchaser initially ordered for other items available on the Website, the Purchaser can request an exchange through the contact form. If approved, the Company will require the Products to be sent back at the Purchaser’s expense before the exchange is processed.

CHARGEBACKS

In the event the Purchaser initiates a chargeback with the Purchaser’s financial institution, the Purchaser is explicitly acknowledging the Purchaser’s obligation to cover the entire cost of the Purchaser’s initial purchase, in addition to any fees or related expenses incurred by the Company. The Company retains the right to provide these Terms to the Purchaser’s financial institution, any payment processing company, and/or any investigative agency regarding the attempted chargeback or financial dispute.

CONSENT TO USE

The Company encourages the Purchaser to provide feedback and comments regarding the Company’s Website, Products, and Company. However, please refrain from sharing any confidential or proprietary information with the Company. Consequently, any reviews, images, comments, testimonials, feedback, ideas, suggestions, information, offers, tags, and other disclosures submitted to the Company through the Company’s website or other means (collectively referred to as "Submissions") are inherently considered non-confidential.

By submitting the Purchaser’s Submissions, the Purchaser grants the Company an unrestricted, irrevocable, perpetual, fully paid, royalty-free commercial license, and the Purchaser willingly releases the Company to use the Purchaser’s Submissions in any manner for future business purposes. In doing so, the Company may utilize the Purchaser’s name and/or photo, alongside any other publicly available information provided by the Purchaser, when referring to the Purchaser’s Submissions on the Company’s Website, promotional materials, guides, and any other platforms not explicitly mentioned in this Purchase Agreement.

INTELLECTUAL PROPERTY

The Company holds and maintains full ownership, titles, and interests in the Products. These Terms do not transfer any intellectual property ownership, and the Company reserves all rights that are not explicitly granted to the Purchaser. Any form of alteration or modification to the Products does not confer intellectual property ownership to the Purchaser or authorize the marketing or sale of such altered or modified Products.

USER CONTENT

Certain features of the Website may allow the Purchaser to share messages, post reviews, upload images, videos, folders, or other data, and publish content on the Website, collectively referred to as "User Content." The Company may also engage with the Purchaser through third-party platforms, websites, communication services, and media channels such as Facebook, Instagram, and Twitter (termed "Social Media Assets"), in addition to the Company’s website, which the Company collectively call "Communication Platforms."

The Purchaser understands and consents to the following:

Any content the Purchaser submits to the Company’s Communication Platforms will be regarded as User Content.

The Purchaser’s User Content will not contain defamatory, unlawful, profane, abusive, or obscene material, or any computer virus or other malware.

The Company has the right, though not the obligation, to modify or delete User Content that, in the Company’s sole discretion, is deemed abusive, unlawful, illegal, defamatory, libelous, obscene, or objectionable.

The Purchaser may not use a false email address, impersonate someone other than themself, or mislead the Company or third parties regarding the origin of the Purchaser’s User Content.

The Purchaser bears sole responsibility for the Purchaser’s User Content and the consequences of providing User Content via the Company’s Communication Platforms.

The Company assumes no responsibility and accepts no liability for any User Content posted by the Purchaser or any third party.

When the Purchaser provides User Content through the Company’s Communication Platforms, the Purchaser is affirming that the Purchaser’s User Content and its utilization by the Company do not:

• Infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, personality, or any other personal or proprietary right.

• Defame or slander any other individual.

• Lead the Company to violate any law or regulation or expose the Company to any liability through its use.

AGE REQUIREMENTS

To use the Company’s website, the Purchaser must have reached the age of majority as specified in the Purchaser’s state or province of residence. When the Purchaser submits a payment or enrolls through the Website, the Purchaser is confirming that the Purchaser satisfies all legal age requirements in the Purchaser’s jurisdiction that are necessary for using this Website and/or purchasing Products. Additionally, the Purchaser acknowledges that the Purchaser has provided consent for the Purchaser’s minor dependents to use this Website.

MODIFICATION OF TERMS

The Company retains the right to modify and amend these Terms at any time, with no obligation to provide prior notice to the Purchaser. Should the Company update the Terms of Purchase, the Purchaser’s ongoing use of the Products and Website signifies the Purchaser’s acknowledgment and consent to the revisions.

PRIVACY AND SAFEGUARDING PERSONAL INFORMATION

The Company highly values the Purchaser’s privacy and is dedicated to its protection. The information collected from the Purchaser may be utilized to manage Baunty Channel Creations and offer the Company’s Products. For a comprehensive understanding of the data, the Company gathers from the Purchaser and the Purchaser’s devices ("Data") in relation to the Purchaser’s Product purchases through the Website, as well as how the Company utilizes the Purchaser’s Data, please refer to The Company Privacy Policy.

TERMINATION OF USAGE

The Company holds the right to terminate the Purchaser’s account or limit the Purchaser’s access to the Website at the Company’s discretion, for any reason, at any time. Under these Terms, it's important to recognize that the Purchaser bears responsibility for any orders, purchases, or charges incurred prior to such termination. The Company may modify, cease, or suspend the Website for any reason, at any time, without prior notice to the Purchaser.

LIMITATION OF LIABILITY

The Company holds no responsibility towards the Purchaser or any other third party for any form of damages, encompassing, but not limited to, punitive or exemplary damages, or those arising from negligence in connection with these Terms. This holds true irrespective of whether the Purchaser was forewarned about such damages, their foreseeable nature, and the legal or equitable basis on which the claim for damages is founded.

It's essential to note that this Limitation of Liability clause does not intend to alter any liability that cannot be excluded or restricted under the law.

LIMIT OF DAMAGES

The Company’s overall maximum liability, as well as the Purchaser’s exclusive recourse for any actions or claims, will be confined to the exact amount the Purchaser paid for the Products the Purchaser’s acquired through the Website.

ARBITRATION AGREEMENT

In the event of a dispute between the Parties that cannot be resolved through mutual agreement, both Parties acknowledge and consent to resolve such disputes through binding arbitration, following the regulations of the American Arbitration Association. It is understood that the Parties will be bound by any determinations made by the arbitrator and the arbitration process.

The arbitration proceedings will take place in San Mateo County, California, USA. If for any reason the arbitration cannot be conducted in the specified jurisdiction, the Company reserves the right to choose an alternative location for the arbitration. The expenses and costs of arbitration, as well as any associated proceedings, will be equally shared by the Parties.

APPLICABLE LAW

These Terms and the relationship between the Parties are governed by the laws of the State of California. In cases of conflicting laws, the laws of the State of California will take precedence.

NOTIFICATION

The Company may issue notifications to the Purchaser through either of the following methods: (i) sending a message to the email address provided by the Purchaser, or (ii) posting on the Website. Notifications sent via email will be deemed effective at the time of dispatch, while notifications posted on the Website will be considered effective upon posting. the Purchaser has the option to deliver notifications to the Company using the provided contact form.

SEVERABILITY AND NO WAIVER

If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions contained in these Terms will remain valid and enforceable. The Company's failure to enforce any right or provision stipulated in these Terms does not signify a waiver of the right or the capacity to enforce those rights or provisions in the future. Any waiver of a right or provision in these Terms will only be considered valid if made in writing by an authorized representative of the Company.

TRANSFER AND ASSIGNMENT

The Purchaser is prohibited from transferring or assigning any of the Purchaser’s rights under these Terms to any third party unless the Purchaser’s obtain the explicit written consent of the Company.

FORCE MAJEURE

In instances where any failure or delay in delivering the Products under these Terms is a result of acts or circumstances beyond the Company’s reasonable control, the Company shall not be held liable or responsible to the Purchaser, and such occurrences will not be deemed as a breach of these Terms. Such acts or circumstances beyond the Company’s reasonable control may encompass but are not limited to, acts of God, fire, flood, labor disputes, natural disasters, cyber-attacks, terrorism, revolution, earthquake, insurrection, civil unrest, national emergency, epidemic, pandemic, supply chain constraints, or delays in acquiring suitable materials, power outage, telecommunications failure, or material breakdown.

HEADINGS FOR CONVENIENCE

The headings contained within these Terms are included for the sake of convenience and reference only. They do not intend to describe, define, or restrict the scope or purpose of any provision.

COMPLETE AGREEMENT + RESERVED RIGHTS

By accepting these Terms, the Purchaser comprehends and recognizes that these Terms serve as the ultimate agreement, prevailing over all others concerning the acquisition, sale, and utilization of any Products, as well as the operation of the Website. The Company retains all rights not explicitly conveyed within these Terms.