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Terms + Conditions

Babcock-Davis.com Terms + Conditions

Terms of Use

Welcome to this site hosted by Babcock-Davis. The information data and material (“Information”) contained in this website (“website”) has been prepared solely for the purpose of providing information about Babcock-Davis, its partners and services offered to its customers.

Your access to the website is subject to the following terms and conditions (“Terms and Conditions”). By using the website you agree to be bound by the Terms and Conditions and we therefore encourage you to read the Terms and Conditions in full. If you do not agree to these Terms and Conditions please do not use the website. Please also see our Privacy and Security policy which explains how we treat your information.

Since Babcock-Davis may revise this agreement at any time, you should visit this page periodically to review the terms of your use.

Return Policy + Shipment Damage

Returns must be approved by Babcock-Davis within 30 days of the purchase date. To make a return, contact Customer Support for a return authorization number. The returned product is subject to a re-stocking fee. All products must be in saleable condition. Custom orders are non-returnable.

If your product is damaged in transit, please contact Customer Support immediately at 1.800.547.2635 or submit a claim form. Babcock-Davis will follow-up with the carrier and send you any necessary replacements.

Site Contents

Occasionally, there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, colors and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you submit your order). We reserve the right to cancel any order subject to its accuracy with regard to terms, price and/or shipping specifications. We apologize for any inconvenience this may cause you. If you're not completely satisfied with your purchase, you may return it with your invoice to Babcock-Davis within 30 days of the purchase date. Please see our Return Policy for more information.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, and photographs, written and other materials that are part of this site are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Babcock-Davis. The site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Babcock-Davis.

This site and all its contents are intended solely for commercial use. You may download or copy the contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the site or any related software.

User Comment, Feedback, Postcards + Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Babcock-Davis on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site shall be and remain Babcock-Davis's property. Such disclosure, submission or offer of any comments shall constitute an assignment to Babcock-Davis of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, Babcock-Davis will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. Babcock-Davis is and shall be under no obligation to:

  1. Maintain any comments in confidence
  2. Pay to user any compensation for any comments
  3. Respond to any user comments

You agree that no comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You shall remain solely responsible for the content of any comments you make.

We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights.

Product Sales

The products displayed at the site are available only to customers in the United States. Orders for all other countries can be placed through Babcock-Davis' International Sales Department by calling +1.763.488.9272. The prices displayed at the site are quoted in U.S. Dollars and are valid and effective only in the United States.

Colors

We have made every effort to display as accurately as possible the colors of the products that appear at the site. However, as the actual colors you see will depend on your monitor, we can't guarantee that your monitor's display of any color will be accurate.

No Warranties

The website is provided “as is” without any representations or warranties (either express or implied), including but not limited to any implied warranties of reliability, quality, functionality, absence of contaminants (including viruses, worms, Trojan horses or similar), availability, satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded.

While Babcock-Davis uses reasonable efforts to include accurate and up to date information on the website, it makes no warranties or representations as to its accuracy or completeness. Babcock-Davis is not responsible for any errors or omissions or for the results obtained from the use of such information. The information does not constitute any form of advice, recommendation or arrangement by Babcock-Davis or its affiliates or any other party involved in the website and is not intended to be relied upon by users in making (or refraining from making) any decisions based on such information. You must make your own decisions on whether or not to rely on any information posted on the website.

By your use of this site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You further acknowledge that Babcock-Davis shall not be liable for any damages of any kind related to your use of this site.

Use of Artwork

While using this website you understand and agree that you may not use images, photos, or other artwork in pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party's trademark or intellectual property rights.

Indemnification

You agree to defend, indemnify and hold Babcock-Davis harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.

Miscellaneous

Unless otherwise specified, this site and the contents thereof are displayed solely for the purpose of promoting Babcock-Davis's products and services available in the United States. This site is controlled and operated by Babcock-Davis from its offices in Minneapolis, Minnesota. This agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under this agreement shall be resolved exclusively by the state and/or federal courts of the State of Minnesota. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of Babcock-Davis's right to later require strict observance of each of the terms herein.

If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of the Site and shall not be modified except in a writing signed by both parties.

Termination

These terms are effective unless and until terminated by either you or Babcock-Davis. You may terminate this agreement at any time. Babcock-Davis also may terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in Babcock-Davis's sole discretion you fail to comply with any term or provision of this agreement.

Upon any termination of the agreement by either you or Babcock-Davis, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.

If you disagree, please call Customer Support at: 1.800.547.2635.