Terms & Conditions

“If you don’t use it, you will lose it.”

General

By using any portion of www.bdgastore.com, you automatically consent to the following terms and conditions. We reserve the right to change these policies at any given time without prior notice. Once an order has been completed, you will receive an e-mail notification confirming placement of the order. This notification does not guarantee order completion and delivery.  In the rare occasion the item ordered is not available, we will contact you as soon as possible and allow you the opportunity to cancel your order; where-in a full refund is issued.

Prices & Payment

All prices are listed in US Dollars. We reserve the right to alter prices at any given time without prior notice. We accept the following methods of payment:

  • Visa
  • MasterCard
  • American Express
  • Discover
  • PayPal

All payments are transferred utilizing secure processing called SSL Encryption Technology, which is the industry standard. SSL (Secure Sockets Layer) is a protocol developed for the transmission of private information over the internet. SSL uses a private key to encrypt your data, including your credit card information, so that it cannot be read while being transferred over the internet.

Sales Tax

Sales Tax is charged to those orders shipped within the state of Massachusetts. All apparel including hats is under tax exempt. Individual clothing items costing more than $175 is luxury taxable on the amount over the basic exemption. Thus, the tax on a $200 apparel item would be $1.57 — 6.25% of the $25 taxable amount.  Shipping is also taxed. Sales tax is not charged to orders made outside of the state of Massachusetts.

Currency Conversion

Our currency converter should be used primarily as a reference tool. Banks and the major credit card companies we accept ultimately decide the exchange rate. All transactions processed through www.bdgastore.com will strictly be in US Dollars.

 

Shipping & Delivery

We aim to fulfill all orders as soon as possible. We offer a cost-based shipping system. Domestic orders are shipped via UPS Ground. International orders are shipped via either USPS Express Mail International or UPS World Expedited. Customers will be notified of a proper tracking number for your order once it has been fulfilled. The following timeline can be utilized strictly as a guideline for estimate delivery times:

  • Domestic: UPS Ground / 1 – 5 business days
  • International: USPS Express Mail International / 3 – 5 business days
  • International: UPS World Expedited / 3 – 5 business days

Please note delivery times may vary depending on location, and we do not guarantee these delivery times due to third-party factors beyond our control. We also ask our international customers to kindly provide a telephone number when placing your orders. This will help tremendously in making sure orders are cleared through customs and arrive in your hands in a proper time frame.

Returns & Exchanges

Returns may be accepted within 14 days of receipt. Returned items must be in unused, resalable condition with all original packaging intact and price tags attached. We will not accept any returns delivered to us without any prior communication and written agreement between us and the customer. Please make sure all items to be returned are properly packaged and traceable with a proper tracking number. We do not accept or assume responsibility for loss of or damage to returned goods while in transit from the customer. Once the returned items have been inspected and confirmed, a full refund will be issued to the customer – which does not include the original cost of postage and packaging. ALL SALES ON DISCOUNTED MERCHANDISE ARE FINAL.

Privacy

Bodega keeps all personal account information private and will never share, sell, or solicit this with any outside affiliations or individuals. All information is always secured and encrypted with the Secure Socket Layer Software.

Copyright & Trademark

All content of our website including text, graphics, logos, button icons, images, and software, is property of Bodega LLC and is protected by United States and international copyright laws. Any other use of our web site, including reproduction and internet links, is strictly prohibited without our prior written permission.

 

FINE PRINT

 

Interpretation

In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings: “the Buyer” means the person, firm or company who purchases Goods from the Company: “the Company” means BODEGA LLC; “Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms; “Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer; “Place of Delivery” means the place to which the Goods are to be delivered. In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.

The Contract

The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.

 

Use of the site & PROHIBITIONS

    The Site allows you to shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) post false, inaccurate, misleading, defamatory, or libelous content; (e) take any action that may damage the rating system.

    For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Minors under 18 years old can only use our services with the prior consent of their parents or guardians.

     

     

    PRODUCT PRICING & DESCRIPTIONS

      The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

      We do not warrant that product descriptions, colours or other content of this site is accurate, complete, reliable, current, or error-free.  If a product offered in our website is not as described, your sole remedy is to return it in unused condition.

      Fraud 

        FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected www.bdgastore.com shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

        Third Party Intellectual Property

          Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

          Subject to Fair Use of Intellectual Property you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier

           

          Fair Use of Intellectual Property

          Material from the Website may not be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

           

           

          Delivery

            Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.

            International Customers

              If Goods are being ordered from outside Bodega’s country of residence (United States of America), import duties and taxes may be incurred once your Goods reach their destination.  Bodega is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Bodega cannot guarantee that the packaging of your Goods will be free of signs of tampering.

               

              Risk in and Ownership of the Goods


              Risk in the Goods shall pass to the Buyer on delivery Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account. Until ownership of the Goods has passed to the Buyer, the Buyer shall: hold the Goods on a fiduciary basis as the Company’s bailee; store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property; not destroy or deface any identifying mark on the Goods or their packaging; maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.

               

              Price

              The price for the Goods shall, unless otherwise agreed, be the price set out on in the Company’s price list and on the company's web site. The price for the Goods shall be displayed on the price list and web site inclusive of vat but exclusive of all costs of carriage and insurance which the Buyer shall pay in addition.

               

              Payment

              Payment of the price of the Goods shall be due before the goods are shipped. Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.

               

              Warranties

              The Company warrants that the Goods are of satisfactory quality. If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 7 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question. The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company. The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.

               

              Returns

              All goods returned to the Company, whether incorrectly supplied, unwanted, damaged, or faulty, will only be accepted subject to the following terms and conditions:- Returned goods will only be accepted if they are within warranty. Goods must be returned complete, including where appropriate all packaging and in an acceptable condition. The Company will aim to refund unwanted items within 14 days from the receipt of the returned goods.

                Should you wish to return an item for refund or exchange you should notify us within 7 days after the day on which delivery was made. Cancellations made outside of this 7 day period will be subject to exchange/credit only. After this 7 day period we can offer exchanges on products up to 14 days after purchase. Please note that we do not charge additional postage to exchange an item for you but the cost of sending it back to us must be met by you, the customer. We accept returns purchased only at www.bdgastore.com via post only.

                 

                Limitation of Liability


                The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the original price of the goods and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.

                Force Majeure


                If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.

                 

                Law and Jurisdiction

                  If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect. These Terms shall be governed by and interpreted according to English and Welsh Law and the parties submit to the exclusive jurisdiction of the Courts of the land.

                  Images & Copy

                  All photographs and copy are the property of Bodega LLC. We reserve our legal rights to take such steps as necessary to protect our customers and intellectual property. All content and pictures on this site are the legal property and copyright of Bodega LLC. Vigorous legal action will be taken against any infringement of this copyright.

                   

                  Gift Card General Policy

                    • Bodega Gift Cards may be redeemed at our website (www.bdgastore.com)
                    • We cannot give credit or 'cash back' on any unused balance of each voucher.
                    • If the value of your order (i.e. product cost and any applicable P&P charges) exceeds the value of the Gift Card, the balance may be paid by credit/debit card or PayPal.
                    • Gift Cards cannot be applied retrospectively to orders already placed with www.bdgastore.com

                     

                     Termination and Cancellation

                    Bodega LLC or you may terminate your Account.  If Bodega LLC terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

                    If Bodega LLC terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

                      Bodega LLC reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

                      If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

                      If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

                       

                      Third Party Rights

                        Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Bodega LLC.

                        When purchasing this product you must agree to our terms and conditions. The above statement forms part of our Terms & Conditions.  Usual Terms & Conditions for purchase apply.