Terms & Conditions
READ CAREFULLY.
This Terms & Conditions Agreement (“Terms of Use” or “Agreement”) applies to you (“You”) and your (“Your”) use of https://thebagful.com (“Site”). The Site is the property of The Bagful Liquidation, LLC, a Connecticut Corporation (“The Bagful” or “We”) together with its parents, subsidiaries, affiliates and designees. The Bagful is a retail and wholesale liquidation and discount store. By using the Site, you agree to be bound by the Terms of Use. If you do not agree to all the terms, please do not use the Site.
The Bagful reserves the right, at its sole discretion, to change, add or remove portions of the Terms of Use, at any time and without notice. It is your responsibility to review the Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
YOU AGREE THAT ALL PURCHASES BY YOU WILL BE SUBJECT TO THE TERMS OF USE.
As long as you comply with the Terms of Use and any such modifications, The Bagful grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
REGISTRATION; CUSTOMER ACCOUNTS.
Certain services offered on or through the Site may require you to open a Customer Account ("Account"). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify The Bagful immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by The Bagful or any other user of the Site due to someone else using your password or Account. You may not use anyone else's password or Customer Account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, your Account shall be terminated. You agree to provide The Bagful with accurate, current and complete information about yourself and your billing information as prompted by the registration process, and to keep that information up-to-date.
CONSENT TO COLLECTION, USE & DISCLOSURE OF YOUR PERSONAL INFORMATION.
As more fully described in the Privacy Policy, you must disclose certain personally identifiable information to use the Site, register, and make purchases. As a condition of registering with the Site or making any purchases of any products and/or services or conducting any transactions, you represent that you have first read the Privacy Policy and consent to the collection, use and disclosure of your personally identifiable information and non-personally identifiable information as described in the Privacy Policy. The Privacy Policy may change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review the Privacy Policy prior to making any purchases. While The Bagful takes reasonable steps to safeguard and to prevent unauthorized access to your information, The Bagful cannot be responsible for the acts of those who gain unauthorized access, and The Bagful makes no warranty, express, implied, or otherwise, that The Bagful will prevent unauthorized access to your information. In no event shall The Bagful nor its parents, subsidiaries, affiliates or designees nor their employees, directors, officers, affiliates, licensees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "associates") nor their successors or assigns be liable for any damages (whether consequential , direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorized access to your information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether The Bagful was given actual or constructive notice that damages were possible.
INTENDED USERS.
The Site is intended for use by individuals over the age of 18. The Site is not intended for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Site.
CONDITIONS OF SALE AND PAYMENT TERMS.
To purchase any goods and/or services on the Site, you must be at least eighteen (18) years of age or the applicable state age of majority
Prior to the purchase of any goods or services on the Site, you must provide The Bagful with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to The Bagful, you hereby agree that you authorize The Bagful to charge your card the purchase amount. All charges from those sales are subject to the The Bagful Return Policy.
METHODS OF PAYMENT, CREDIT CARD TERMS AND TAXES.
All payments must be made by VISA, MasterCard, Discover or American Express, Cash, Wire Transfer or any methods our credit card processor uses. In the future, The Bagful may accept other methods of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not the Terms of Use to determine your rights and liabilities as an Account User or cardholder. You agree to pay all valid fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. You are responsible for paying any valid governmental taxes or fees imposed on your purchases, including, but not limited to, sales, use, excise, value-added tax (VAT) or other similar taxes.
SHIPPING.
All orders placed on this site are subject to product availability and will be shipped according to The Bagful’s shipping policies. In the rare event that your order never arrives, notification of lost items must be received within thirty (14) days from receipt of the shipping confirmation email.
ORDER ACCEPTANCE POLICY.
Your receipt of an electronic order confirmation or other form of order confirmation does not signify The Bagful’s acceptance of your order, nor does it constitute confirmation of The Bagful’s offer to sell. The Bagful reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Bagful further reserves the right any time after receipt of your order, without prior notice to you and for any reason, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by The Bagful upon its delivery of products or services that you have ordered. The Bagful may require additional verifications or information before accepting any order.
NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES.
The Bagful shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Bagful shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, The Bagful shall issue a credit to your credit card in the amount of the charge. Individual bank policies will dictate when this amount is credited to your Account.
MODIFICATIONS TO PRICES OR BILLING TERMS.
The Bagful reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you.
EXCHANGE AND RETURN POLICY.
All sales made through the Site are subject to the The Bagful’s Exchange and Return Policy. For a complete explanation of the return policy, please see The Bagful Exchange and Return Policy.
INDEMNIFICATION.
You agree to indemnify and hold harmless The Bagful and its Affiliates and their successors and assigns, and other Users from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your use of the Site, your violation or alleged breach of the Terms of Use, your dispute with another User, the unauthorized access to the Site using your Account or password, or your violation of any law, regulation or third-party right.
DISCLAIMER OF WARRANTIES.
By using the Site, you expressly agree that use of the Site is at your sole risk. The Site is provided on an "AS IS" and "as available" basis. Neither The Bagful nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither The Bagful nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, The Bagful makes no representation that content provided on the Site is applicable to, or appropriate for use in, all locations. The Bagful and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, and merchantability or fitness for a particular purpose. No oral advice or written information given by The Bagful or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
LIMITATION OF LIABILITY.
Under no circumstances shall The Bagful or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Site, including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of The Bagful has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TERMINATION.
The Bagful may terminate your Account or access to the Site at any time, for any reason, without notice, in its sole discretion. You are personally liable for all orders placed and charges incurred prior to termination.
YOU AGREE THAT THE BAGFUL WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR YOUR ACCOUNT.
The Bagful reserves the right to change, suspend or discontinue any or all aspects of the Site at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.
GENERAL.
No delay or failure to take action under the Terms of Use shall constitute any waiver by The Bagful of any provision of the Terms of Use. If any provision of the Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of the Terms of Use will continue in full force and effect. The Terms of Use will bind and insure to the benefit of The Bagful successors and assigns. Any claim under the Terms of Use must be brought within one (1) year after the cause of action arises. The Terms of Use shall be governed by the laws of the State of Connecticut without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in New Haven County, in the State of Connecticut. The Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate the Terms of Use shall be null and void. The Bagful may freely assign the Terms of Use without consent or notice. Except as expressly stated otherwise, all notices shall be given to The Bagful or its Affiliates or their successors or assigns at hello@thebagful.com or to you at the email address you provide to The Bagful. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. The Terms of Use (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between The Bagful and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations of liability shall survive the termination of the Terms of Use.