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Terms & Conditions

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for you to access our service or parts of our service.

Company (referred to as either "the Company", "we", "us" or "our" in this Agreement) refers to Baker Distributing Company LLC, 14610 Breakers Drive, Jacksonville, FL 32258.

Goods refer to the items offered for sale on the service.

Orders mean a request by you to purchase goods from us.

Promotions refer to incentives, rebates, or other discounts offered through the service.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the service.

Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the service.

Service refers to Baker Distributing's mobile application and e-commerce website, accessible from https://www.bakerdist.com/

You means the individual accessing or using the services, or the company, or other legal entity on behalf of which such individual is accessing or using the services, as applicable

Acknowledgment

These are the Terms and Conditions governing the use of this service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the service.

Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the service.

By accessing or using the service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the service.

Your access to and use of the service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the service and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our services.

https://www.bakerdist.com/privacy-policy

Placing Orders for Goods

By placing an order for goods through the service, you warrant that you are legally capable of entering into binding contracts.

Your Information

If you wish to place an order for goods available on the service, you may be asked to supply certain information relevant to your order including, without limitation, your name, email address, phone number, credit card number and expiration date, billing address, and shipping information.

You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

Order Cancellation

While the Company makes every effort to present accurate and reliable information on the service, due to current supply chain issues, some items may have limited quantities available and we cannot guarantee all quantities ordered will be available. Please check with your local Baker sales center for verification of inventory available.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

  • Unavailability of goods
  • Errors in the description or prices for goods
  • Errors in your order

We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel your order.

https://www.bakerdist.com/returns-and-exchanges

Your right to cancel an order only applies to goods that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as when you received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased goods while they are in your possession.

Your refund will be processed and a credit will be automatically applied to your account or original method of payment within 7 days of receipt of the returned goods. We will use the same means of payment for the refund as you used for the order, and you will not incur any fees for such reimbursement. Please note that depending on your credit card company, it may take an additional 2-10 business days after your credit is applied for it to post to your account.

You will not have any right to cancel or return an order for any of the following goods:

  • Goods made to your specifications and/or customized.
  • Goods which are, after delivery, according to their nature, inseparably mixed with other items.

Availability, Errors & Inaccuracies

We are constantly updating our offerings of goods on the service. The goods available on our service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our goods on the services and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Pricing Policy

The Company reserves the right to revise its prices at any time prior to you submitting an order.

The prices quoted may be revised by the company subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, and any other matter beyond the control of the company. In that event, you will have the right to cancel your Order.

Payments

All goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, and American Express cards or placed on account for customers with terms accounts associated with their Baker Distributing customer account number.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.

Promotions

Any promotions made available through the services may be governed by rules that are separate from these Terms.

If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

User Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our service.

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The services and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. All intellectual property rights including, without limitation, copyrights, trademarks and trade dress are the exclusive property of the Company. The service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our copyrights, trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. You may not use the content of the services in any other public or commercial way, nor may you copy or incorporate any of the content of the service into any other work, including your own web site without the written consent of the Company. You must have a license from us before you can post or redistribute any portion of the service.

Links to Other Websites

Our service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the service will cease immediately. If you wish to terminate your account, you may simply discontinue using the service.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the services, third-party software and/or third-party hardware used with the services, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the services, or the information, content, and materials or products included thereon; (ii) that the services will be uninterrupted or error-free; or (iii) as to the accuracy, reliability, or currency of any information or content provided through the services.

You hereby acknowledge that the internet and telecommunications providers’ networks are inherently insecure and while we make reasonable efforts to follow, or implement, security best practices, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures or use your personal information for improper purposes. The Company’s Privacy Statement is available at:

https://www.bakerdist.com/privacy-policy

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Dispute Resolution

If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting the Company.

Jury Trial Waiver

You and the Company hereby knowingly, irrevocably, voluntarily, and intentionally waive any right to a trial by jury with respect to any action, defense, counterclaim, or other proceeding arising under or in any way related to these Terms or your use of the service.

Choice of Law & Forum Selection

The laws of the State of Florida, both substantive and procedural, without regard to conflicts of law principles, shall govern any dispute arising from or in any way related to these Terms and your use of the service. Your use of the service may also be subject to other local, state, national, or international laws. You and the Company hereby agree that the exclusive venue for any action arising from or in any way related to these Terms or your use of the service shall be in the state or federal court of appropriate jurisdiction located in the Duval County, Florida. You and the Company hereby expressly waive any objection or defense that such venue is an inconvenient or otherwise improper forum for any dispute arising from or in any way related to these Terms or your use of the service. You and the Company hereby waive any and all objections to personal jurisdiction in Duval County, Florida for any related to the enforcement of these Terms or your use of the service.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability & Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect the Company's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Your use of the services shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.

By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the service.

If you have any questions about these Terms and Conditions, you can contact us: