Bard Date Company LLC Terms and Conditions

Thank you for visiting the Bard Date Company, LLC (barddate.com) Internet website.

Use of this Site is conditioned on acceptance, without modification, of the following Terms and Conditions (Agreement) contained herein by “you” (the user of this Site). Use of this website constitutes your agreement and assent to all such terms and conditions contained herein. This Agreement is entered into and effective as of the date that you access this Site (Effective Date). Please read this document in its entirety before purchasing any item through the Bard Date Company, LLC web site.

By visiting Bard Date Company, LLC, you agree to the following:

  1. Definitions.
    1. Bard Date Company, LLC Home Page. The term “Bard Date Company, LLC Home Page” shall mean the web page that is the first web page a user sees when accessing the group of web pages owned by Bard Date Company, LLC, which has a domain name of barddate.com.
    2. Bard Date Company, LLC Server. The term “Bard Date Company, LLC” shall mean the computer software or hardware that serves the Bard Date Company, LLC Site to users across the Internet, and which hosts the pages, scripts, programs, and multimedia files and serves them using a protocol designed to send files to users.
  2. License and Conditions to Use the Site.

    We hereby grant to you a non-exclusive, revocable license to view the content on this Site and otherwise use this Site in accordance with this Agreement. We reserve the right to suspend or revoke this license at our sole discretion without notice. You should download and print this Agreement for your records.

  3. Conditions of Use.

    As a condition of your use of the Site, you warrant to Bard Date Company, LLC that you will not use this Site for any unlawful purpose or for any purpose that is prohibited by this Agreement. You may not use this Site in any manner that could damage, disable, overburden, or impair the Bard Date Company, LLC Site and any Basket Creations and More, LLC Servers, or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

  4. Possible Errors and Revisions

    In the event that a product is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and or your credit card charged. If your card has already been charged for the purchase and your order has been cancelled, we will issue a credit to your credit card account for the amount. Bard Date Company, LLC may make improvements and/or changes to this site, prices, products and server at any time.

  5. Disclaimer of Warranties.

    Bard Date Company, LLC makes no representations about the suitability or accuracy of the information contained in this site. All resources are provided “As Is” without warranty of any kind. Bard Date Company, LLC disclaims all warranties and conditions of any kind, express or implied, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Although, we make every effort to provide accurate, up-to-date information in these pages, we offer no guarantees about the accuracy of content contained herein.

    Bard Date Company, LLC does not warrant that the resources on Bard Date Company, LLC Site will be uninterrupted or error-free, that the defects will be corrected, or that the server making this site available is free of computer viruses or other harmful components.

  6. Disclaimer of Liability.

    Bard Date Company, LLC shall not be liable for any special, indirect, incidental or consequential damages or any damages whatsoever resulting from inconvenience, or loss of use, resources or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this site, even if Bard Date Company, LLC has been advised of the possibility of such damages or losses. You understand further that under no circumstances shall Bard Date Company, LLC, the basketcreationsyuma and barddate.com web site or any of the companies listed in the basketcreationsyuma and barddate.com website be liable for any damage to your computer or your software that might have resulted however direct, indirect or incidental from your use of the Bard Date Company, LLC web site or access to the internet.

  7. Change in the Terms and Conditions

    Bard Date Company, LLC may modify this Agreement at any time. You are bound by the version of this Agreement that is in effect at the time you visit the Site, so the terms of this Agreement may be different the next time you use this Site. Any use of the Bard Date Company, LLC site by you after such amendment(s) shall be deemed to constitute acceptance by you of the amendment(s). You should regularly review and print this Agreement for your records.

  8. Controlling Law

    This Agreement shall be construed and controlled by the laws of the State of Arizona. The laws of the State of Arizona will govern any dispute arising from the terms of this Agreement or a breach of this Agreement. You agree to submit yourself to the personal jurisdiction of the state courts sitting in the City of Yuma and the State of Arizona.

  9. Invalid or Unenforceable Provisions

    If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law (see Section 8), then the remainder of the Agreement shall continue in effect.

  10. About Children

    Bard Date Company, LLC does not target children nor do we expect to attract children to our site. Because we are not a children’s site, we do not provide most of the privacy measures that are so important for their protection on the Internet. Because of this, we ask that minors do not submit information to us without the express consent and participation of a parent or guardian.

Company Policies

  1. Privacy: Any information given to us by you will be used solely by us to process your order. We will never sell or exchange your information with any third party. With respect to security, we always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a secure server. You will know that you are in a secure part of the site by looking for the lock symbol in the lower right corner of your computer screen or by looking at the url address (it will begin with https instead of http). We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. If you feel that this site is not following its stated information policy, you may contact us at the above address or phone number.

  2. Username & Password: This combination that you use to sign on to our web site should be closely guarded. You share in the responsibility to make your online account secure.

  3. Choice/Opt-In: Our site provides users the opportunity to opt-in to receive communications from us. If the “opt-in” is not selected during check out, you will not receive any communications from us unless there are questions pertaining to a specific order that you have placed.

  4. Sales Tax: Arizona sales tax will be added to any order originating in, or being delivered to Arizona.  All non-foods items will be charged tax at a rate of 6.2%.

  5. General Ordering Information: Please call 928.341.9966 or contact us by e-mail if you have any questions about our products before ordering. All prices are shown in $US dollars. There is no minimum order.

  6. Method of Payment: We accept Visa, MasterCard, Discover and American Express. We will accept personal checks but your order may be held up to (10 days) until the check clears the bank. Corporate accounts may be set up with a billing plan on a case by case basis. Merchandise will not be shipped to an account more than 15 days past due and finance charges of 1-1/2% per month will be assessed on all past due accounts. A $30.00 charge per occurrence will be assessed on all returned checks and account status may be changed to credit card only.

  7. Cancellations: We require a 24 hour notice to cancel an order and will gladly do so unless the order has already been shipped. If package is refused at delivery to your shipping address by you the customer, you will be charged the shipping to your location and the return shipping. Customer is responsible for all shipping charges for items ordered incorrectly. Please contact us for an RMA# (Return Merchandise Authorization) before returning products as all products returned without an RMA number will be refused. A request for an RMA must be made within (7) days from the receipt date.

    All of our gift baskets are custom created when the order is placed. If an order needs to be cancelled, we must be notified immediately. Once the basket has been created, there will be a 20% restocking fee for cancellation of the order. Once the gift basket has been shipped, there can be no cancellation for any reason.

  8. Returns: We strive to do our best, however if there is an error due to our fault or a manufacturers defect, please accept our apologies and contact us within 48 hours of receipt and we will gladly make it right. All items must be returned to us in their original unopened condition in order to receive a refund. We will credit the original charge card used in payment for the retail price of the item minus a 20% restocking fee and minus all shipping charges. If an item is returned to us by the shipper due to an invalid or incorrect address, or if the recipient refuses to accept delivery, we will credit your charge card with the retail price of the item minus the 20% restocking fee minus all shipping fees which includes any fees accessed to us by the carrier for wrong address and return. Please verify the address for accuracy.

  9. Damage: If your gift is damaged in shipment, please notify us immediately to enable us to correct the situation promptly. You must retain all packing materials and the gift for inspection by the carrier in order to be reimbursed. Any damaged shipment that was shipped via the U.S. Postal Service must be returned to the post office by you for reimbursement. We can only reimburse or exchange items that have been verified by the carrier of the US Post Office as being damaged.

  10. Substitutions: Due to availability, items may be substituted with others of equal or greater value. We will not ship chocolate items during the months of May thru October due to high temperatures.

  11. Shipping: Shipping charges are included in the price for all items that are being shipped within the contiguous (48) states. Shipping charges will be added to your total during the checkout process. We cannot guarantee transit times with any carrier. We add “delivery confirmation” to all packages shipped via the US Postal Service, but we cannot guarantee anything over than what the USPS guarantees which is delivery to the specified address. It is expected that the recipient will have a secure area for mail delivery. The post office states that priority mail delivery is usually 2-3 business days. We use this method for smaller packages for speedier delivery than with Federal Express; however there is no guarantee by the post office of actual delivery date. Standard method of shipping is via Federal Express Ground. Federal Express delivers Tuesday through Saturday for residential deliveries and Monday through Friday for business deliveries. The day of shipment, weekends and holidays do not count in transit times. It is imperative that all addresses are accurate and complete. Please include all direction indicators (north, south, east or west) suite or apartment numbers and if the address is a street, court, lane, avenue, etc. Without complete addresses, parcels will be delayed or even returned to the shipper. An additional $8.00 charge will be charged to your credit card if Federal Express has to correct an incomplete or insufficient address.

    Shipments outside of the contiguous (48) states will incur additional freight charges. There will be additional freight charges on 11# date boxes being requested to be shipped to P.O. Boxes.