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Terms & Conditions
Introduction
Welcome to JustBecauseBaskets.com (JBB). By using this site or placing an order, you agree to abide by the following Terms & Conditions. JustBecauseBaskets.com, LLC reserves the right to update and modify these Terms and Conditions at any time without prior notice.
Order Procedure
Customers may place orders via the JBB website or by telephone at 866-748-1200. Phone orders will be accepted Monday through Friday from 9 a.m. to 5 p.m. Mountain Time. Online orders will be confirmed in a timely manner via e-mail.
Shipping
JBB ships exclusively with UPS. Typically orders are processed and sent out within 1-2 days for delivery within 3-5 business days. UPS costs will be calculated in accordance with the desired timing specified and will be based upon on the weight and size of the basket. To estimate total shipping costs, select the items you wish to purchase then proceed to the shipping method selection screen. In the event that incorrect or incomplete shipping information is furnished at the initiation of the order, the customer will be held accountable for any additional costs for delivery that may result.
Product Availability
JBB makes every effort possible maintain a complete product inventory at all times. Should the need for an item substitution arise due to lack of availability, an item of equal or greater value will be included.
Payment
JBB accepts Visa, MasterCard, American Express, and Discover credit cards. Please have your credit card number, expiration date and any other relevant processing information available when ordering by phone.
Product Warranties
JustBecauseBaskets.com (JBB) warrants that all specialty food items are shipped within the freshness parameters specified as provided by the manufacturer or supplier. JBB also pledges that products are comprised of goods furnished by third parties, and are shipped free of defects caused during assembly. The Customer is entitled to pursue the terms of warranties provided by the manufacturer and/or supplier of any and all products included in the end product.
Except for the express warranties described above, JBB makes no warranty, express or implied, concerning our baskets, products contained in our baskets, or our services. We expressly disclaim any and all warranties of merchantability and fitness for a particular purpose.
Defective or Damaged Products
A customer or recipient who believes that he or she has received a defective or substandard product in a basket must notify us by e-mail or telephone no more than 7 days following delivery. Any and all products in question must be returned to JBB. Further, anyone claiming that JBB has shipped expired or defective products or otherwise failed to meet its obligations as a vendor must initiate action to this effect no later than 6 months following delivery. JBB’s liability for defective products or incomplete delivery is limited to replacement with products of equal or greater value.
Delays
JBB is not responsible for delays caused by strike, riots, war, weather, catastrophe, terrorist activities, the unavailability or refusal of a person to accept delivery of a basket, insufficient or incorrect information provided by a customer, disruption in ground transportation, or any other circumstance beyond the company’s reasonable control.
Address Errors and Delivery Refusal
JBB is not responsible for any incorrect addresses submitted by a customer or any other thrid party, nor is JBB responsible for gifts refused by the recipient or that are determined undeliverable by the shipping entity(UPS, Fedex, or another shipper) The customer is responsible for all additional shipping charge including but not limited to Address Correction fee, Return Fee, Fuel surcharge etc.
Website Use - Limitation of Liability
Under no circumstances including, but not limited to, its own negligence, shall JustBecauseBaskets.com be liable for any direct, indirect, consequential, special or exemplary damages, including, but not limited to, loss of data, computer viruses, system failure or malfunction, business interruption, or loss of profit, arising out of or resulting from the use of, or the inability to use, materials in this site, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damage so the above limitations or exclusions may not apply to you. In no event shall JBB total liability for damages, losses and causes of action, whether in contract, tort, including, but not limited to, negligence or otherwise, exceed the amount paid by you, if any, to purchase products from this site within the six months immediately before a claim is made.
The materials in this site are provided "as is" and without warranties of any kind, express or implied, to the fullest extent permissible pursuant to applicable law. JBB disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non infringement.
Disputes & Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the state of Colorado, without giving effect to any principles of conflicts of law. Any dispute relating in any way to business conducted with JustBecauseBaskets.com or to products purchased from JBB shall be submitted to arbitration in Denver, Colorado. Arbitration of this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The award in any arbitration pursuant to this agreement will include an award of costs and reasonable attorneys’ fees to the prevailing party.
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