BobVila.com home page

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SALE. BV Web Ties, LLC (“BV”) provides to you (“Buyer,” “you” “your,” etc.) an online store for the purchase and sale of BV products and services (collectively “BV Products”), and access to other product information and services (collectively, the “eStore Service“). The eStore Service is owned and operated by BV and its service providers and is provided under the terms and conditions of these Terms of Sale and the Terms of Use for the BobVila.com web site (“Site”) (collectively, the “Terms”). All capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Use, and these Terms of Sale are incorporated into and made subject to the Terms of Use.

2. MODIFICATIONS TO ESTORE SERVICE. BV reserves the right to modify or discontinue all or part of the eStore Service, temporarily or permanently, with or without notice to you, and is not obligated to support or update the eStore Service. You acknowledge and agree that BV shall not be liable to you or any third party in the event that BV exercises its right to modify or discontinue all or part of the eStore Service.

3. ORDER ACCEPTANCE. You may place orders for products and services via the eStore Service. Your receipt of an electronic or other form of order confirmation does not constitute BV’s acceptance of your order, nor does it constitute confirmation of BV’s offer to sell you the particular product or service. BV reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until BV has accepted your order and prepared your order for shipment or for download. We may require additional verifications or information before accepting any order. Price and availability of products and services offered on the Site are subject to change without prior notice. To the extent we provide information on availability of any products, you should not rely on such information. BV will not be liable for any lack of availability of products you may order. If your purchase order or any other communication with BV or the Yahoo! Store contains provisions inconsistent with the Terms, the Terms shall prevail. If you would like a receipt for any product or service ordered through the eStore Service, you must: (1) send an e-mail to sales@bobvila.com; (2) enter your e-mail address and the date of purchase; and (3) you will receive an e-mail from BV with your receipt.

4. SECURITY. The purchase area of the eStore Service is designed to be secure. However, if you experience fraudulent use of your credit card as a result of shopping with BV, notify BV and your credit card company in accordance with its reporting rules and procedures.

5. PRICES. Unless otherwise expressly indicated in writing by BV, prices for all products are as noted on BV's Site as in effect on date your order is placed. All prices are based on quantity indicated and, unless otherwise indicated on BV's acknowledgment and/or invoice, are F.O.B. the location of BV's facility from which products are shipped. Unless otherwise indicated on BV's acknowledgment and/or invoice, Buyer shall pay, and be exclusively liable for, all costs of shipping, delivery, insurance and the like after BV has effected delivery of the products to the U.S. postal service and/or carrier. All prices are in United States dollars.

6. TAXES. Prices do not include any tax or other governmental charge or assessment on the sale, shipment, production or use of any products sold to Buyer hereunder. Such taxes and charges, when applicable, may appear as separate additional charges on BV's acknowledgment and/or invoice. Buyer shall be solely responsible for, and shall pay to BV upon demand, any such tax, charge or assessment, unless Buyer has furnished to BV an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.

7. DELIVERY. BV shall make every reasonable effort to effect shipment on or before the scheduled shipping date(s) reflected on BV's acknowledgment and/or invoice, but such schedule may vary due to, among other things, conditions beyond BV's reasonable control, including, but not limited to BV's receipt of all materials and information to be supplied by Buyer. If no shipping date is specified, shipment will be made on date(s) selected by BV. In no event shall BV be liable for any damages or penalties for delay in delivery or for failure to give notice of delay.

8. PACKING AND SHIPMENT. Unless preferred packing method is noted on BV's acknowledgment and/or invoice, all items will be packed for shipment in accordance with BV's standard practices. Unless otherwise specified on BV's acknowledgment and/or invoice, BV will ship by the most appropriate method, but by doing so does not assume any liability in connection with the shipment. Any and all claims by Buyer for damage or loss of products in transit shall be made by Buyer against the carrier.

9. TITLE. Except with respect to software, title to all BV Products sold by BV to Buyer shall pass from BV to Buyer when such BV Products are delivered by BV to the U.S. postal service and/or carrier for shipment to Buyer. BV shall retain title to and ownership of any software licensed by BV to you via the eStore Service or the Site, in accordance with the license agreement provided with the software, or if no such license agreement is provided, in accordance with the Terms of Use.

10. RISK OF LOSS. Delivery of all products sold by BV to Buyer hereunder is F.O.B. BV's facility from which such products are shipped. All risk of loss of or damage to such products shall be assumed by Buyer upon BV's delivery of such products to the U.S. postal service or other carrier for shipment to Buyer.

11. INSPECTION BY BUYER. Buyer shall carefully inspect all deliveries of products as they are received by Buyer and report to BV promptly (but in any event within thirty (30) calendar days after receipt of shipment) any alleged error, shortage, defect or nonconformity of such products. Any failure by Buyer to so inspect and report shall constitute a waiver by Buyer of any claim or right of Buyer against BV arising with respect to any such error, shortage, defect or nonconformity which was reasonably discoverable by such an inspection.

12. CANCELLATION. Buyer may cancel any product order prior to shipment. After shipment, products may only be returned in accordance with Section 15.

13. LIMITED WARRANTY. It is the sole and exclusive responsibility of Buyer to determine the suitability of any and all BV Products for Buyer's intended purposes and uses. BV warrants that the BV Products sold hereunder will be free from defects in material and workmanship for a period of thirty (30) days from the date of original purchase. If you discover a defect covered by this warranty, we will repair or replace the BV Product at our option, provided that BV shall not have any liability whatsoever for any damage to or defect in BV Products resulting directly or indirectly from events occurring after the delivery of such products to the U.S. postal services and/or carrier by BV. This limited warranty does not cover damage caused by abuse, misuse, accident, modification or repair by any person other than BV, moisture, extreme heat or cold, or corrosive environments. The limited warranty does not cover normal wear and tear on consumable items or any BV Product with an altered or defaced serial number.

Third Party Products: All third party products listed in the eStore Service other than the BV Products are subject to the terms and conditions of the agreement between you and the third party selling such products (if any), and any other third party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to such third party products shall be provided for by the third party.

THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY BV WITH RESPECT TO BV PRODUCTS. ANY IMPLIED WARRANTY ARISING UNDER APPLICABLE LAW IN CONNECTION WITH THE SALE OR USE OF BV PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, IS LIMITED IN DURATION TO THE 30 DAY TERM OF THE EXPRESS LIMITED WARRANTY ABOVE. NO REPRESENTATIVE OF BV IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS WARRANTY IN ANY WAY EXCEPT IN A WRITTEN AMENDMENT OF THESE TERMS OF SALE SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF BV WHICH MAKES SPECIFIC REFERENCE TO THESE TERMS OF SALE.

14. LIMITATION ON BV'S LIABILITY.

BV’S LIABILITY IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF DEFECTIVE BV PRODUCTS OR COMPONENTS. THIS LIMITED WARRANTY SHALL NOT IN ANY EVENT BE DEEMED TO INCLUDE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY OF BV FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH BV PRODUCTS, OR THEIR SALE OR USE, INCLUDING BUT NOT LIMITED TO, DAMAGE TO OR LOSS OF ANY PROPERTY, INJURY TO PERSON, LOSS OF USE OF THE PRODUCT, OR INCONVENIENCE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

15. RETURNS. Authorization to return products purchased from BV under the limited warranty must be obtained from BV prior to any such return. To obtain such authorization, please contact BV at sales@bobvila.com. In BV's sole discretion, credit may be granted with respect to returned products, depending on the reason for the return and the condition of the product. Any returned products must be shipped to BV, freight prepaid, at Buyer's risk. We recommend that you use a carrier that will track your shipment and insure your product’s safe delivery. BV cannot accept any returns sent C.O.D. We do not accept returns of floorplans, blueprints or software. Shipping and handling charges incurred in connection with returns are your responsibility and will not be reimbursed.

16. INDEMNIFICATION. Buyer agrees to indemnify, hold harmless and defend BV (and its employees, consultants, advisors, experts, officers, directors, parents, subsidiaries, affiliates, successors, assigns and agents) from and against any and all claims, demands, judgments, liabilities, damages, losses, expenses and costs (including, but not limited to, court costs and attorneys' fees) incurred or suffered by BV, which relate to or arise out of (a) Buyer's use, handling, sale or distribution of the BV Products sold hereunder; or (b) Buyer's breach of any representation, warranty or obligation hereunder.

17. TERMINATION & EFFECT.

A. Termination. Either you or BV may terminate access to the eStore Service with or without cause at any time and effective immediately. BV shall not be liable to you or any third party for termination of the eStore Service. If you object to any provision of the Terms of Sale or any subsequent modifications thereto or become dissatisfied with the eStore Service in any way, your only recourse is to terminate your use of the eStore Service. Upon any termination of the eStore Service, you acknowledge and agree that BV may immediately delete the files in your account and bar any further access to such files or the eStore Service.

B. Your Obligations Upon Termination. You agree that upon termination of these Terms of Sale, You will: (1) pay any and all outstanding fees and payments due to BV in full within thirty (30) days after termination; and (2) perform your obligations under all outstanding purchases.

18. ACKNOWLEDGMENT. You acknowledge that (a) you have read and understood the Terms of Sale; and (b) that these Terms of Sale have the same force and effect as a signed agreement.

Last Updated:
July 22, 2004