PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions (the “Terms of Use”) and other applicable laws. If you do not agree to the Terms of Use, please do not use this site. Even if you “bookmark” a particular portion of the site and thereby bypass the Term of Use, your use of this site still binds you to them. By accepting the Terms of Use through your use of this site, you certify that you are 18 years of age or older.
Copyright:
All content included on this site, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of Bal Brands Ltd. (“Bay to Atlantic”) or its content suppliers and protected by United States and International copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on this site is the exclusive property of Bay to Atlantic and is also protected by United States and International copyright laws. The content on this website may be used by you as a shopping and/or information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited.
Trademarks:
All trademarks, service marks and trade names of Bay to Atlantic used in the site are trademarks or registered trademarks of Bay to Atlantic.
Warranty Disclaimer:
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Bay to Atlantic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Bay to Atlantic does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Bay to Atlantic does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability:
Bay to Atlantic shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Bay to Atlantic has been advised of the possibility of such damages. You expressly agree that your use of this site and the products provided through this site is at your sole risk. Buyer’s sole remedy for any claim against Bay to Atlantic of any kind, including but not limited to claims of negligence or claim or liability based upon a defect, whether discoverable or latent, with respond to any product shall be limited to replacement of goods or credit against future purchases. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification:
You agree to indemnify, defend, and hold harmless Bay to Atlantic, its officers, directors, employees, agents, licensors and suppliers (collectively, the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Product Descriptions:
Bay to Atlantic attempts to be as accurate as possible in its product descriptions; however, Bay to Atlantic does not warrant that product descriptions or other content of this site is accurate, reliable, complete, error-free or current.
Notice:
Bay to Atlantic may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Bay to Atlantic.
Use of Site:
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Bay to Atlantic or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Account Info:
If you use this site, 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. Bay to Atlantic does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Bay to Atlantic only with involvement of a parent or guardian. Bay to Atlantic and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Coupons/Sales:
Only one discount code may be used per order. Best discount available will be used. Items already on sale are excluded from all other discounts. Gift cards are excluded from discounts.
Implicit Consent for Email & Direct Mail Marketing:
When you complete a purchase on BaytoAtlantic.com, you are giving consent to receive marketing emails and direct mail from us. You can unsubscribe or opt out from emails, texts, and/or direct mail at any time. For emails, press the “Unsubscribe” button within any marketing email from Bay to Atlantic. You can also email us at contact@dbaytoatlantic.com to unsubscribe or opt out of any marketing communication from us.
No Returns or Exchanges:
As all Bay to Atlantic products are made to order, we cannot accept returns or exchanges. If an item arrives in error, damaged, misprinted or materially defective, you must contact us within 10 business days of delivery at contact@baytoatlantic.com.
Delivery Issues:
If an item is lost in transit, you must contact us at contact@baytoatlantic.com within 30 days of expected delivery. If you provide an address that is considered insufficient by the courier, your shipment will be returned. You will then be liable for reshipment costs once we have confirmed an updated address.
Back Orders & Out of Stock Products:
We rely on the brands we work with to keep us up to date on their inventory levels. Because of this there may be cases where our website says a product is in stock when it’s not. In this case, we will email you to let you know about the stock update. At Bay to Atlantic, your credit card is authorized and charged at the time you place your order.
Third-Party Links:
In an attempt to provide increased value to our visitors, Bay to Atlantic may link to sites operated by third parties. However, even if the third party is affiliated with Bay to Atlantic, Bay to Atlantic has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Bay to Atlantic. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Bay to Atlantic seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Miscellaneous:
If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Bay to Atlantic reserves the right to alter or delete materials from this site at any time and at its own discretion. Further, we reserve the right to amend these Terms of Use at any time without notice.
Governing Law:
The Terms of Use and your use of this site shall be governed by the laws of the United States of America and the State of Ohio without regard to its conflicts of laws principles. Any legal action or proceeding related to this site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Ohio.