Terms & Conditions

Last updated: April 2022

Introduction

These Terms and Conditions (“Terms”) govern your access to and use of our website https://bridgecollection.shop (the “Website”) and our mobile application (the “App”) as well as all related services provided by The Bridge Collection® Ornaments (referred to herein as ” The Bridge Collection “, “we”, “us” or “our”).

Please read these Terms carefully before using our Website, App or purchasing any products, services or gift cards from us. By accessing or using the Website or App, you signify that you have read, understand and agree to be bound by these Terms as well as our Privacy Policy. If you do not agree to these Terms, you should immediately cease all usage of the Website and App.

In these Terms, the Website and App are collectively referred to as the “Platforms”.

Key Points

You must be at least 18 years old or have parental consent to access our Platforms.
We grant you a limited, non-exclusive, non-transferable license to access our Platforms.
All purchases made through our Platforms are subject to our shipping and returns policy.
User content submitted to our Platforms must not violate any laws or third party rights. We reserve the right to moderate or remove any user content.
We make no warranties or guarantees regarding the information provided on our Platforms. Use at your own risk.

Eligibility to Use Our Platforms

You must be at least 18 years old or have parental consent to access and use our Platforms. By accessing or using our Platforms, you represent and warrant that:

You are at least 18 years old;
You have not previously been suspended or removed from use of our Platforms;
Your access and use of our Platforms will fully comply with these Terms and all applicable laws.

If you do not meet these requirements, you must not access or use our Platforms.

Limited License to Access and Use Our Platforms

Subject to your full compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Platforms for your own personal, non-commercial use. Any use of the Platforms for commercial purposes is strictly prohibited unless you obtain our prior written consent.

Restrictions: You agree you will not:

Access or use our Platforms for any unlawful purpose.
Use our Platforms in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Platforms.
Use data mining, robots, or similar data gathering and extraction tools on our Platforms.
Attempt to gain unauthorized access to our Platforms or computer systems.
Circumvent, disable or otherwise interfere with security-related features such as authentication methods that prevent unauthorized access to accounts or limit use of services.
Make any unauthorized use of our Platforms, including collecting user profiles, names, or information, or posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene or otherwise objectionable material.
Transfer any rights granted to you under these Terms.
Reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any access to or use of our Platforms.

Intellectual Property Rights

Our Platforms contain material that is owned by or licensed to us and is protected by intellectual property laws, including but not limited to copyright, trade marks, trade names, domain names, trade dress, original works of authorship, proprietary graphics and designs. All intellectual property rights in the content of our Platforms are reserved.

Permitted Use: You are permitted to view, access and temporarily download and store a single copy of the pages for your personal, non-commercial use, provided you do not delete or change any copyright, trademark, or proprietary notices.

Restricted Use: You agree not to engage in any of the following restricted activities:

Copying, distributing, redistributing, publishing, republishing, downloading, saving, broadcasting, transmitting, retransmitting, sharing, selling, renting, leasing, sublicensing, transferring or commercially exploiting any information, content or services on our Platforms.
Modifying, adapting, cropping, circumventing security or displaying the information, content or services on our Platforms.
Framing or mirroring any part of our Platforms without our prior written authorization.
Using any illustrations, photographs, video or audio content, or any graphics separately from the accompanying text.
Systematically extracting information from our Platforms using an automated tool or process, such as a bot, spider or crawler.
Displaying our Platforms in association with another website, mobile app or online service in a way that suggests affiliation, sponsorship or endorsement where none exists.

Any unauthorized use of the information, content or services on our Platforms will terminate the limited license granted to you by these Terms. If you breach any terms of this limited license, your permission to access and use our Platforms automatically terminates.

Purchase Terms

Placing Orders: By completing checkout and submitting an order, you are making an offer to purchase the products in your order. All orders placed through our Platforms are subject to acceptance by us, which we will confirm by email. We reserve the right to restrict or reject any orders at any time for any reason.

Pricing: All prices, discounts and promotions posted on our Platforms are subject to change without notice. The price charged will be the price in effect at the time the order is submitted. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. Applicable taxes and charges will be added to your purchase during checkout.

Availability: We make all reasonable efforts to ensure items are in stock and available at the time orders are made. However, items are sold on a first-come first-served basis. We cannot guarantee availability of any item. If an item you ordered is not available, we will notify you and you will not be charged for that item.

Gift Cards: Physical and electronic gift cards cannot be returned or exchanged unless defective. Gift cards do not expire and there are no inactivity fees. Purchase and use of gift cards are subject to the issuer’s Gift Card Terms and Conditions.

Promotions: Promotions are non-transferable, not for resale, and cannot be combined with other offers unless otherwise stated. We reserve the right to cancel, modify, restrict or terminate a promotion at any time without notice. Promotional codes can only be used once per customer and cannot be applied to previous purchases.

Shipping & Delivery

Shipping Costs: Shipping costs are calculated during checkout based on items, quantities and shipping address. Costs may be subject to change until an order is submitted. All stated delivery times are estimates only and do not factor in delays due to payment authorization or customs clearance. We do not guarantee delivery by a specific date and are not liable for any delays.

Customs & International Shipping: Buyers are responsible for all duties and taxes associated with international shipping. Additional customs charges may be payable upon delivery. By placing an order, you agree to pay all applicable duties and taxes. Please note that cross border deliveries are subject to opening and inspection by customs authorities.

Shipment Tracking: Tracking information will be provided once an order has shipped. Please note that we are unable to redirect packages after an order has shipped.

Non-deliveries: If an order does not arrive within the estimated delivery window, please contact us immediately so we can investigate.

Damages: Please inspect all packages upon delivery. If an item is damaged in transit, you must contact us within 7 days with supporting images to receive a replacement or refund. Failure to provide requested documentation may result in refusal of damaged claim.

Lost Shipments: Please contact us within 7 days of the estimated delivery date if you have not received your order. If a shipment marked as ‘delivered’ was not received, you must report this within 7 days. We will investigate each inquiry but cannot offer refunds without confirmation of non-delivery from the courier.

Cancellation by The Bridge Collection

We reserve the right to refuse or cancel any order prior to shipment for any reason at our sole discretion, including but not limited to the following:

Your refusal/failure to provide required information for order processing
Errors in product description, pricing or availability
Your violation of any rules, laws or third party rights through your order
Problems with your credit card
Suspected fraud with your account or order

If we cancel your order pursuant to this provision, we will issue a refund in accordance with our refunds policy below.

Returns & Refunds

Items purchased through our Platforms can only be returned in accordance with our published returns policy and applicable laws.

Return Eligibility: You may return new, unopened items in original packaging within 30 days of delivery for a refund. We do not accept returns or provide refunds for gift cards or custom orders. Sale items are final purchase.

Return Procedure: To initiate a return, please contact us to obtain a Return Merchandise Authorization (RMA) number. Write the RMA number on the outside of the return package and ship via a traceable method to the address provided. Return shipping costs are nonrefundable unless the return is due to our error.

Refund Method: Refunds are generally processed within 3-5 business days after the items are received and inspected. Refund amounts will reflect any applicable promotions, discounts or coupons applied to the purchase. We will notify you once a refund has been issued.

Exchanges: If you would like to exchange an item for a different size, color or style, please return the item following the guidelines above and place a new order. We do not offer exchange-only returns.

We reserve the right to refuse any return/refund where our policy has not been followed. All refunds and returns are handled at our sole discretion.

User Content

Users may have the ability to contribute content to our Platforms through reviews, comments, images and other submissions (“User Content”). User Content must comply with all applicable laws. By submitting User Content, you represent that you have all necessary rights and hereby grant us an irrevocable, non-exclusive, royalty-free worldwide license to use, modify, display, distribute and create derivative works from that User Content.

Community Guidelines: You agree not to submit any User Content that:

Infringes any third party’s intellectual property rights, privacy rights or other proprietary rights;
Is false, misleading, illegal, defamatory, libelous, abusive, threatening, harassing, hateful, embarrassing or otherwise objectionable to another user or us;
Contains sexually explicit language or images, pornography, profanity, obscenity or vulgarity;
Promotes discrimination, racism, hatred, harassment or harm against any individual or group;
Contains viruses, corrupted data or any other harmful, disruptive or destructive content; or
Is otherwise offensive or inappropriate as determined by us in our sole discretion.

License to Use: By submitting User Content, you grant us an unlimited, worldwide, perpetual, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, analyze, distribute and exploit that User Content, including any ideas or concepts embodied therein, in any way we see fit with no obligation to compensate you. Because you alone are responsible for any User Content you submit, you warrant that your User Content does not violate any third party’s rights.

Removal Rights: We have no obligation to monitor User Content, but reserve the absolute right to delete, move, edit or remove any User Content at any time without notice for any reason in our sole discretion. We have no responsibility or liability for failure to delete or remove any User Content.

Interactions: We have no control over and do not guarantee the quality, safety or legality of any User Content. We do not endorse or take responsibility for any User Content. You access and rely on User Content at your own risk.

If you believe that any User Content violates your rights or any of these Terms, please contact us immediately.

Security of Information

We take reasonable steps to protect user information and data submitted through our Platforms. However, no security measures are failsafe, and we cannot guarantee the security of your information. We are not responsible for any lost, stolen or compromised information.

By accessing our Platforms, you acknowledge and agree that any information or data transmitted is done at your own risk and you assume all responsibility for any compromised information.

Disclaimer of Warranties

THE INFORMATION, CONTENT AND SERVICES PROVIDED BY US ON THE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.

WE MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OF INFORMATION, SYSTEM INTEGRATION AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WE DO NOT WARRANT THAT THE PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE. WE MAKE NO WARRANTIES REGARDING CENSORSHIP OR THAT THE PLATFORMS WILL BE FREE FROM VIRUSES, CONTAMINANTS OR OTHER HARMFUL COMPONENTS. NO ADVICE, INFORMATION OR STATEMENT MADE BY US SHOULD BE RELIED UPON.

YOUR ACCESS AND USE OF OUR PLATFORMS IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FROM YOUR USAGE. WE ARE NOT LIABLE FOR ANY DEFECTS, DELAYS OR ERRORS RESULTING FROM YOUR EQUIPMENT OR INTERNET ACCESS RELATING TO USE OF OUR PLATFORMS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS.

Limitation of Liability

WE, OUR DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, OPPORTUNITIES, DATA, USE, GOODWILL OR REPUTATION, ARISING FROM OR RELATING TO THESE TERMS, THE PLATFORMS OR YOUR ACCESS TO OR INABILITY TO ACCESS THE PLATFORMS.

IF LIABILITY CANNOT BE EXCLUDED BUT MAY BE LIMITED UNDER APPLICABLE LAW, OUR TOTAL MAXIMUM AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF $100 USD OR THE AMOUNT ACTUALLY PAID BY YOU TO ACCESS OR USE OUR PLATFORMS IN THE PAST 12 MONTHS.

THIS LIMITATION OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM OR RELATED TO OUR PLATFORMS AND THESE TERMS INCLUDING STATUTORY AND TORT CLAIMS AS WELL AS BREACH OF CONTRACT CLAIMS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE KNOWN OF THEIR POSSIBILITY.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

Upon request, you agree to defend, indemnify and hold harmless us, our directors, employees, agents, representatives, service providers, contractors and licensors from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including reasonable legal fees) arising from or related to:

Your use or misuse of the Platforms;
Your violation of these Terms;
Your violation of any applicable laws, regulations or third party rights.

Breach and Enforcement

Failure to comply with these Terms constitutes a material breach of the Terms upon which you are permitted to use our Platforms.

Compliance Requirements: You agree to immediately cease accessing or using our Platforms if you materially violate or breach these Terms.

Legal Actions: We reserve the right to investigate and enforce our legal rights against any violation of these Terms, including by blocking access to our Platforms and seeking monetary compensation or equitable relief in court.

Modification or Termination

We reserve the absolute right, at any time and without notice, to:

Modify, suspend or terminate operation of or access to our Platforms (or any portion of our Platforms) for any reason;
Modify or change our Platforms and any applicable policies or terms; and
Interrupt the operation of our Platforms as needed to perform routine or non-routine maintenance, error correction, or other changes.

Governing Law

These Terms and any disputes arising from or relating to these Terms or our Platforms will be governed by the laws of the State of California without regard to conflicts of law provisions. The Uniform Commercial Code, United Nations Convention on Contracts for the International Sale of Goods and the parties’ state of formation do not apply.

Jurisdiction: Exclusive jurisdiction for any dispute with us or relating in any way to your use of our Platforms resides in the state and federal courts located in California. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such dispute.

Notwithstanding the above, either party may seek emergency equitable relief before any court to protect its intellectual property rights.

No Agency

No agency, partnership, joint venture, or employment relationship exists between you and us as a result of these Terms or your access to or use of our Platforms. You understand and agree that your use of our Platforms is solely for your personal use.

Assignability

You may not assign or transfer any rights or obligations under these Terms without prior written consent from us. We may freely assign these Terms. Any attempted transfer or assignment in violation of the foregoing will be null and void.

Severability

If any provision of these Terms is deemed unlawful, invalid or unenforceable by court of competent jurisdiction, that provision will be deemed severed from these Terms and all remaining provisions will remain in full force.

Waiver

Any failure to enforce a right or provision under these Terms will not constitute a waiver of that or any other provision. Waiver of any breach or default will not constitute a waiver of any subsequent breach or default.

Contact

If you have any questions or concerns regarding these Terms or our Platforms, please contact us at:

The Bridge Collection® Ornaments

Email: [email protected]