TOC

TERMS OF SERVICE

Last Updated: 08-21-2024

Welcome to Berns Magic Grass (BMG). By using our website (www.bernsmagicgrass.com) and purchasing products from us, you agree to be bound by the following Terms of Service (“Terms”). These Terms govern your access to and use of our site, services, and products. Please read them carefully before using our services.

1. General Terms
By accessing and using this website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you should not use our website or services. BMG reserves the right to change or modify these Terms at any time without prior notice. Your continued use of the website following such changes constitutes your acceptance of the revised Terms.

2. Eligibility
By using the website, you confirm that you are at least 18 years old or the legal age of majority in your jurisdiction. If you are under 18, you may only use the website with the involvement of a parent or legal guardian.

3. Products and Pricing
All products listed on the BMG website are subject to availability. We strive to display accurate product information, including descriptions, images, and prices, but errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to update information at any time without prior notice. BMG also reserves the right to discontinue any products at any time.

Prices for products are subject to change without notice. The prices listed at the time of purchase will be the final price for that transaction.

4. Orders and Payment
By placing an order through BMG’s website, you are making an offer to purchase the products selected in accordance with these Terms. BMG reserves the right to refuse or cancel any order at our discretion, including for reasons such as product availability, pricing errors, or suspected fraudulent activity.

All payments are processed securely. We accept various forms of payment, including credit cards, debit cards, and other payment methods provided at checkout. You agree to provide current, complete, and accurate purchase and account information for all purchases made via our site.

5. Shipping and Delivery
Shipping and delivery options, including costs and delivery times, are outlined at checkout. BMG is not responsible for any delays or errors caused by the shipping carriers. Once an order has been shipped, we are unable to modify or cancel the order. Please refer to our Shipping Policy for more detailed information.

6. Returns and Refunds
We accept returns and exchanges of eligible items within 30 days of purchase. Items must be returned in their original condition with tags attached. Please note that limited edition and customized products are final sale and not eligible for returns.

If you believe you received a defective or incorrect item, please contact us immediately at support@bernsmagicgrass.com. Please review our Return Policy for detailed instructions on initiating a return or exchange.

7. Limited Edition and Small Batch Sales
BMG’s products are created in limited quantities and may never be produced again. Due to the nature of small-batch manufacturing, slight variations in color, stitching, or fit may occur, and these are not considered defects.

8. Intellectual Property
All content available on the BMG website, including but not limited to text, graphics, logos, images, product designs, and software, is the property of BMG or its content suppliers and is protected by intellectual property laws. Unauthorized use of any materials on the website is strictly prohibited.

9. User-Generated Content
If you submit any content to our website (e.g., reviews, comments, photos), you grant BMG a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, publish, and distribute your content. You are solely responsible for the content you submit and agree that it does not infringe on any third-party rights.

10. Disclaimer of Warranties
The website and products are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

BMG does not warrant that the website will be uninterrupted, secure, or error-free, nor do we guarantee the accuracy or reliability of any information on the website.

11. Limitation of Liability
To the maximum extent permitted by law, BMG will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the website, products, or services, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from your use of our website or products is limited to the amount you paid for the purchase.

12. Indemnification
You agree to indemnify, defend, and hold harmless BMG, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the website or your violation of these Terms.

13. Governing Law
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

14. Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of the website will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Sacramento, California, and will be conducted in English. The arbitrator’s decision will be final and binding on the parties.

15. Termination
BMG reserves the right to terminate your account and access to the website if we determine, in our sole discretion, that you have violated any of these Terms. Upon termination, any rights granted to you under these Terms will cease immediately.

16. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:

Berns Magic Grass (BMG)
Email: support@bernsmagicgrass.com