TERMS OF service and legal disclaimer
Effective Date: 2/15/2023____________
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. DO NOT USE OUR WEBSITES OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
Please read carefully and show agreement with these terms of service carefully before using __www.bigadventures.com website, pursuant to which we make available our boats and products (“Products”)(collectively with the websites (“Site” or “Sites”) the "Service") operated by BIG ADVENTURES, LLC and our subsidiaries and affiliates (collectively “Big Adventures”). If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on that entity's behalf and that the entity agrees to be responsible to us in the event you violate these Terms. These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase through the Sites (defined below).
Overview
The following are terms of a legal agreement between you and Big Adventures. By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Service. Every time you use the Service, you accept the following conditions. This is why we urge you to read them carefully.
Big Adventures may, at any time, revise these Terms of Service and any other information contained in this web site by updating this posting or other postings and content, respectively. Big Adventures may also make improvements or changes in the Products, Service, content, or programs described in this site at any time without notice.
If you have any questions or comments about the Service, please contact customer service at our Contact Us page, by calling 828-771-9405 or by emailing us at support@bigadventures.com.
PART ONE - TERMS FOR ALL USERS
1. PRIVACY POLICY
Please refer to our Privacy Policy for information on how Big Adventures collects, uses and shares information about you.
2. USAGE AND ACCESS DETAILS
2.1 Your usage of the Service is voluntary and permitted while these Terms of Service and policies are followed. In the event of a breach of any applicable terms and/or rules, then you agree that you will comply with any request to leave and/or not use the Service immediately, and for Big Adventures to remove your account. You acknowledge that under these circumstances Big Adventures does not provide a refund. If you use Service above and beyond yourself, you acknowledge and agree that you will owe and the Big Adventures will charge all applicable costs to your method of payment already provided. You cannot use the Service in a commercial manner or in a form of sharing with others, as that is infringing on Big Adventures’s intellectual property rights and a violation of these Terms.
2.2 The Service covered by these Terms is website access and use. Your use of Service is only with Big Adventures permission, which can be revoked at any time, for any reason, at Big Adventures’s sole discretion. Illegal and/or unauthorized use of Big Adventures Service may be referred for criminal prosecution. We do not guarantee support for, or compatibility with, your computer, property and/or systems or provide any assistance services in this regard. Service primarily consists of providing general information and overview about the Content.
2.3 You acknowledge that the Service provided it is privately owned and that you are accepting the privilege of the Service and access with the understanding and agreement that you release the Big Adventures, including, but not limited to business owners, employees and agents from any liability for loss or damage to property and/or personal injury to yourself or family members and guests related to your access and use of Sites, Service, and Content. All individuals that use Sites, Service, and Content are subject to these terms and agreement and should be made aware accordingly.
2.4 Information on this web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. All content relating to industry standards is intended to be accurate as to the time and date it is made and shared. Should you be accessing older content, you should confirm the accuracy of such content and included information. Big Adventures assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
3. ELIGIBILITY, REGISTRATION AND ACCOUNT
3.1 The Service are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Service, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. If you are under 18 years of age (or the age of legal majority where you live), you may use our Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for their acts or omissions in relation to our Service. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
3.2 In order to access and use certain areas or features of our Sites and Service, you will need to register for an account. You will (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify Big Adventures if you discover or otherwise suspect any security breaches related to your account or the Sites or Service.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Unless otherwise indicated, the Service and all content and materials within the Service, including but not limited to Big Adventures, Bonafide, Native Watercraft, Liquidlogic, and Hurricane marks and trademarks, names, brands and branding, logos and all designs, text, graphics, pictures, information, data, software, sound or video files, other content and the selection and arrangement of any of the foregoing (collectively, “Content”) are the proprietary property of Big Adventures or our licensors, suppliers or users and are protected by U.S. and international trademark, copyright, and other laws. Except as explicitly stated in these Terms, all rights in and to the Service are reserved by us or our licensors.
4.2 You are granted a revocable, limited, nonexclusive, non-sublicensable license to access and use the Service for your own personal, non-commercial use. Any use of the Service other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate the license granted and infringe our intellectual property rights.
4.3 Content that may appear on the Service are trademarks or registered trademarks of Big Adventures, and affiliates as applicable, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Big Adventures or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Big Adventures”, Content, or any other name, trademark or Products without our prior written permission. In addition, the look and feel of the Service, including all Products, Site page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Big Adventures or the applicable trademark holder and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, component names and company names or logos mentioned on the Sites are the property of their respective owners.
4.4 Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials or Content in your possession or control.
5. USER CONDUCT AND CONTENT
5.1 You will not violate any law, contract, intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Service. You will also abide by any rules or policies governing your use of our Service and you will not:
Use the Service other than for their intended purposes, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service;
Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites and Service for the purposes of sending spam;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites and Service or to extract data;
Reverse engineer any aspect of the Sites or Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Use or attempt to use another's account without authorization from Big Adventures;
Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
Engage in any harassing, intimidating, predatory or stalking conduct;
Develop or use any third-party applications that interact with our Sites without our prior written consent;
Use the Sites or Service in a manner that could interfere with or damage, disable, overburden or impair the operation of the Sites or introduce to the Sites or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
“Frame” our Sites or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose.
5.2 The Sites and Service may include profiles, Product reviews or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users can create, post, upload, transmit, distribute or store content, such as comments, reviews, photos, videos or other materials on the Sites (collectively, “User Content“). User Content may be publicly-viewable along with profile information associated with your Site account, but it does not include your Site account information or information you submit in order to make a purchase. You are solely responsible for your User Content and for your use of the Interactive Areas, and that you use the Interactive Areas at your own risk.
5.3 By using any Interactive Areas connected with Big Adventures’ social media pages, you will adhere to the Big Adventures’ Content Policy, which describes our rules regarding prohibited conduct and prohibited content in our online community. The Big Adventures Content Policy is incorporated into these Terms by this reference.
5.4 Big Adventures encourages our users to report user conduct and User Content that violates these Terms. Enforcement of the Terms, however, is solely in our discretion. In addition, these Terms do not create any private right of action for you or any third party. We do not guarantee that the Sites and Service will not contain any content that is prohibited by these Terms. Although Big Adventures has no obligation to screen, edit or monitor any of the user conduct or User Content posted on the Sites, Big Adventures reserves the right, and has absolute discretion, to monitor user conduct on the Sites and Service and to remove, screen or edit any user conduct or User Content posted or stored on the Sites at any time and for any reason without notice.
6 OTHER:
6.1 Acts Beyond Control
For any events beyond the control of Big Adventures that may affect Service or your resulting use, we will do the best to notify and work with you to figure out resolution, including potential refund, but you agree Big Adventures has no liability for such situations and assume all related risk. For such acts or situations, Big Adventures reserves the right to unilaterally trim and/or cancel services, especially if required by law.
6.2 Communications
The website communication with Big Adventures is electronic. Every time you send Big Adventures an email or visit our website, you are going to be communicating with Big Adventures. You hereby consent to receive communications from Big Adventures. If you subscribe or otherwise agree to receive any content from Big Adventures, you may receive regular emails or other content. Big Adventures may continue to communicate with you by posting news and notices on our website and potentially by sending you emails. You also agree that all notices, disclosures, agreements and other communications Big Adventures provides to you electronically meet the legal requirements that such communications be in writing. You will have the option to “unsubscribe” or otherwise change your preferences by links or communicating directly with Big Adventures.
Big Adventures provides no assurances that any reported problems will be resolved, even if Big Adventures elects to provide information with the goal of addressing a problem.
6.3 Business Relationships
This website and the Service may provide links or references to non-Big Adventures websites and resources. Big Adventures makes no representations, warranties, or other commitments whatsoever about any non-Big Adventures websites or third-party resources that may be referenced, accessible from, or linked to any Big Adventures site. A link to a non-Big Adventures website does not mean that Big Adventures endorses the content or use of such website or its owner. In addition, Big Adventures is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Big Adventures site. Accordingly, by using the website, you acknowledge and agree that Big Adventures is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. Please understand that any third-party and/or third-party website is independent from Big Adventures, and that Big Adventures does not control the content on that website or party. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate. You assume the risk of using non-Big Adventures and third-party websites and Service.
6.4 Linking to This Site
All links to this Website and Services must be approved in writing by Big Adventures, except that Big Adventures consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Big Adventures; (c) imply that Big Adventures approves or endorses you, your website, or your service or product offerings; or (d) present false or misleading impressions about Big Adventures or otherwise damage the goodwill associated with the Big Adventures name, trademarks, or Service. As a further condition to being permitted to link to this site, you agree that Big Adventures may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this web site and to cease using any Big Adventures trademark(s).
6.5 Disclaimer of Warranty
Use of Service and Big Adventures Sites is at your sole risk. The Sites and Service are provided “as is,” with no warranties or guarantees whatsoever. Big Adventures attempts to be as accurate as possible. However, Big Adventures does not warrant that content of this site is accurate, complete, reliable, current, or error-free. Big Adventures expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights with respect to Service and Website. Without limitation, Big Adventures makes no warranty or guarantee that this Website and Service will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain Content, materials, information, products, software, programs, and Service, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusion may not apply to you.
6.6 Limitation of Liability and Indemnity
To the fullest extent permitted by applicable law, in no event will Big Adventures be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the Sites and Service, any use of the Sites and Service, or of any Site or resource linked to, referenced, or accessed through the Sites and Service, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Big Adventures is expressly advised of the possibility of such damages. You assume all risk and waive any and all liability, damages, claims or costs against Big Adventures, and its agents, owners, employees, and representatives related to your use of the Sites and Service and accessing and using any and all related content. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
In consideration for accessing the Service, you agree to indemnify, defend, and hold harmless Big Adventures, including its owners, employees, and agents for any and all third-party claims that are created by your acts and/or omissions, whether willful or not, based upon this Website and Service.
To the fullest extent permitted by applicable law, you release Big Adventures and the other Big Adventures Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” The total liability of Big Adventures and the other Big Adventures Parties for any claim arising out of or relating to these Terms or our Service, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to us in the previous twelve (12) months.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Big Adventures or the other Big Adventures Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Big Adventures and our respective officers, directors, agents, partners, members, sister companies, employees, independent contractors, service providers and consultants from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of the Service; (b) any User Content you create, post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation, misappropriation or infringement of any rights of any third party. You will promptly notify the Big Adventures of any third-party Claims, cooperate with the Big Adventures in defending the Claims and pay all fees, costs and expenses associated with defending Claims (including but not limited to attorneys' fees). Big Adventures will have control of the defense or settlement of any third-party Claims.
6.7 Applicable Law, Disputes, Venue, and Arbitration
6.7.1 Choice of Law and Venue. By visiting this website, you agree that the laws of the North Carolina, United States, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Big Adventures and you, or its business partners and associates. Any and all claims must be brought in Buncombe County, North Carolina, according to terms, venue, and structure outlined herein, unless other jurisdicational right(s) exist for consumer
6.7.2 No Representative Actions. You and Big Adventures agree that any dispute arising out of or related to these Terms or our Service is personal to you and Big Adventures and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
6.7.3 Except for small claims disputes in which you or Big Adventures seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Big Adventures seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Big Adventures waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Service, including claims related to privacy and data security (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have with Big Adventures you agree to first contact Big Adventures and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Big Adventures by email at support@bigadventures.com or by certified mail addressed to 210 Old Airport Rd., Fletcher, NC 28732. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Big Adventures cannot reach an agreement to resolve the Dispute within thirty (30) days after a Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Buncombe County, North Carolina unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section, a “consumer” means a person using the Service for personal, family or household purposes. You and Big Adventures agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
6.7.4 You and Big Adventures agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
6.7.5 The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Big Adventures, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s). The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
6.7.6 Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Big Adventures will not have the right to assert the claim.
6.7.7 If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
6.8 Notice to European Union users
Big Adventures’s operations are located in United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.
6.9 Severability
If any term, clause, or provision of these Terms will be deemed unlawful, void or for any reason unenforceable, then that term, clause, or provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining terms, clauses, or provisions.
6.10 MISCELLANEOUS
6.10.1 The failure of Big Adventures to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
6.10.2 The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.”
6.10.3 You consent to communications between us being conducted electronically.
6.10.4 These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any third party.
6.10.5 Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
6.10.6 These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.
6.11 Questions
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: support@bigadventures.com.
PART TWO – TERMS OF SALE
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT THROUGH THE SITES OR SERVICE.
1. PRICING AND AVAILABILITY
All prices are shown in U.S. dollars except where otherwise noted; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Products without notice, even if you have already placed your order. All prices are subject to change without notice and taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
2. ERRORS
We attempt to be as accurate as possible and to eliminate errors on the Service; however, we do not warrant that any Product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the Sites, in an order confirmation, in processing an order, in delivering a Product or otherwise—we reserve the right to correct any error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of a pricing error is to cancel your order or return the item and obtain a refund.
3. AVAILABILITY
The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order. We will not charge your payment method until the item ships to the designated delivery address.
4. AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY; RECORDING; COPIES
All of your transactions with or through the Service and Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible for printing or making an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you. You hereby give consent to our recording and saving of any and all correspondence Big Adventures has with You.
5. PAYMENTS; ORDERING; BILLING.
5.1 You will provide accurate and up-to-date payment information at the time you order any Product. You will have sufficient funds or credit available upon placement of any order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). We have contracted with a third-party payment processor to facilitate purchases made on the Sites. When you make a purchase through the Sites, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. You consent to all such actions and implications by using the Service and making a purchase and agree Big Adventures has no liability to You for actions or effects of third parties.
5.2 Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You will pay for taxes, shipping or carriage of the Products as those costs are specified by us when You submit Your order.
5.3 All orders of Products must be for Your personal use only. You will not resell or distribute Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we may reject or cancel any order that you place. We also may, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process. Should you wish to be a reseller or retailer of our Products, please contact our wholesale department directly at support@bigadventures.com.
6. SHIPPING & HANDLING; NO EXPORT BY YOU
6.1 We will do our best to fulfill your order by the delivery date set out in the Order Confirmation. However, specific shipping times shown on the Sites are estimates only which are generated by our shipping providers – actual delivery dates may vary. You agree that Big Adventures make no promises or guarantees as to shipping timelines and they may vary due to be handled by external third-parties and impacted by external things outside of Big Adventures’ control.
6.2 Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address is geographically remote, we will attempt to notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products within the same order cannot be delivered to different addresses.
6.3 If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.
7. RETURNS AND EXCHANGES OF PRODUCTS
7.1 We hope your Big Adventures Product lasts a for its product life, but if you need to make a return, please follow the instructions on our Returns page. You have 30 days from receipt of Product to initiate a return. We only accept returns for items purchased on the Site or by phone. Items must be returned in brand new, unused condition, with all hang tags and packaging intact. A refund or store credit will be issued within 7-10 business days of receipt for the purchase price to the payment method that was used to make the purchase.
7.2 You may be required to provide identification, proof of purchase, or additional verifiable information to help Big Adventures locate the purchase in our records. If a gift certificate or card, voucher, coupon or other similar payment method was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may give you a merchandise credit instead of a cash refund. We reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
8. COMPLAINTS AND LEGAL NOTICES
All complaints and legal notices should be mailed to 210 Old Airport Rd., Fletcher, NC 28732. If a law requires us to accept legal notices via email, call 828-698-5778 to ask for the email address intended for receipt of those notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.