Terms of Service

This website, Bagchip.com, is operated by us. Throughout the site, the terms “we,” “us,” and “our” refer to Bagchip.com. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please carefully read these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence or that you have obtained the necessary consent from a legal guardian if you are a minor. You also acknowledge that you will not use our products or services for any illegal or unauthorized purposes, and you agree not to violate any laws in your jurisdiction, including copyright laws, while using our services. Additionally, you must refrain from transmitting any worms, viruses, or any other code that may be harmful or destructive. Any breach or violation of these terms will result in the immediate termination of your access to our services.

Section 2 – General Conditions

We retain the right to deny service to individuals at our discretion, without providing justification, at any given time.

You acknowledge that your content (excluding credit card information) may be transmitted unencrypted across various networks and undergo changes to meet the technical requirements of different networks or devices. Please note that credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any aspect of the service, including access to it or any contact information provided on the website, without obtaining express written permission from us.

The headings used in this agreement are included for convenience purposes only and do not impose limitations or otherwise alter these Terms in any way.

Section 3 – Accuracy, Completeness and Timeliness of Information

We do not assume responsibility if the information available on this site is inaccurate, incomplete, or not current. The content provided on this site is intended for general informational purposes only and should not be solely relied upon for making decisions. It is recommended to consult primary, more accurate, complete, or timely sources of information before making any decisions. Any reliance on the material presented on this site is done at your own risk.

This site may include historical information, which by its nature, may not be current and is provided solely for your reference. We reserve the right to modify the content of this site at any time; however, we are under no obligation to update any information presented on our site. You agree that it is your responsibility to stay informed about any changes made to our site.

Section 4 – Modifications to the Service and Prices

Our product prices may change without prior notice.

We retain the authority to modify or terminate the Service (or any part or content thereof) at any time without prior notification.

We shall not be held liable to you or any third-party for any alterations, price adjustments, suspensions, or terminations of the Service.

Section 5 – Products or Services

Some products or services may be exclusively available online via our website. These items or services may have limited availability and are only eligible for return or exchange in accordance with our Refund Policy

We have diligently worked to present the colors and images of our products on the store as accurately as possible. However, please note that we cannot guarantee that your computer monitor will display the colors accurately.

We reserve the right, although we are not obligated, to limit the sale of our products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. Additionally, we reserve the right to restrict the quantities of any products or services offered. All product descriptions and pricing are subject to change without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offers for products or services on this site are void where prohibited.

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the service will be corrected.

Section 6 – Accuracy of Billing and Account Information

We retain the authority to decline any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These limitations may encompass orders made under the same customer account, credit card, or billing and/or shipping address. Should we make changes to or cancel an order, we will make efforts to notify you via the email, billing address, or phone number provided during the order placement. Additionally, we reserve the right to restrict or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

By making purchases at our store, you agree to furnish current, complete, and accurate purchase and account information. You further agree to promptly update your account details, including your email address, credit card numbers, and expiration dates, to ensure seamless transactions and effective communication.

For further information, please refer to our Refund Policy

Section 7 – Optional Tools

We may grant you access to third-party tools, over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without endorsement. We shall not be liable for any issues arising from or relating to your use of optional third-party tools.

Your use of the optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.

Furthermore, we may introduce new services and/or features through the website in the future, including the release of new tools and resources. Such additions shall also be subject to these Terms of Service.

Section 8 – Third-Party Links

Certain content, products, and services available through our platform may include materials from third parties.

Links to third-party websites on our site may redirect you to platforms not affiliated with us. We do not undertake the examination or evaluation of the content or accuracy of these third-party sites. We do not warrant or assume any liability or responsibility for third-party materials, websites, or any other materials, products, or services provided by third parties.

We are not responsible for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. It is essential to carefully review the policies and practices of third parties before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

Section 9 – User Comments, Feedback and Other Submissions

If, upon our request, you provide certain specific submissions (such as contest entries), or without any solicitation from us, you submit creative ideas, suggestions, proposals, plans, or other materials, whether via online platforms, email, postal mail, or any other means (collectively referred to as ‘comments’), you agree that we may, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments forwarded to us. We are not obligated (1) to maintain any comments in confidence; (2) to compensate for any comments; or (3) to respond to any comments.

We reserve the right, but are not obliged, to monitor, edit, or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Furthermore, you agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could disrupt the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise deceive us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of any comments you make. We assume no responsibility and accept no liability for any comments posted by you or any third party.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy

Section 11 – Errors, Inaccuracies and Omissions

Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information, or cancel orders if any information on the Service or related website is inaccurate, at any time and without prior notice (even after you have placed your order).

We are not obligated to update, amend, or clarify information on the Service or related website, including pricing information, except as required by law. The absence of a specified update or refresh date on the Service or related website should not be interpreted as an indication that all information on the Service or related website has been modified or updated.

Section 12 – Prohibited Uses

In addition to other prohibitions outlined in the Terms of Service, you are expressly prohibited from using the site or its content for the following purposes:

(a) Engaging in any unlawful activities.
(b) Soliciting others to participate in unlawful acts.
(c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
(d) Infringing upon our intellectual property rights or the rights of others.
(e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
(f) Submitting false or misleading information.
(g) Uploading or transmitting viruses or any other type of malicious code that could affect the functionality or operation of the Service, related websites, or the Internet.
(h) Collecting or tracking personal information of others.
(i) Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
(j) Using the Service or its content for any obscene or immoral purposes.
(k) Interfering with or circumventing the security features of the Service, related websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We cannot guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. Nor do we warrant that the results obtained from the Service will be accurate or reliable. You acknowledge that we may, from time to time, remove the Service for indefinite periods or cancel it at any time without prior notice.

Your use of the Service is at your sole risk. The Service, along with all products and Services delivered through it, are provided “as is” and “as available,” except as expressly stated by us. We make no representations, warranties, or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Bagchip.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured through it, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold harmless Bagchip.com, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 – Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

The obligations and liabilities of both parties prior to the termination date shall persist even after the termination of this agreement.

These Terms of Service will remain in effect unless terminated by either party. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by discontinuing the use of our site.

If, at our sole discretion, we determine that you have failed to comply with any term or provision of these Terms of Service, or if we suspect such failure, we reserve the right to terminate this agreement without notice. In such cases, you will still be responsible for any outstanding amounts up to the termination date. Furthermore, we may deny you access to our Services or any part thereof as deemed appropriate.

Section 17 – Entire Agreement

Our failure to exercise or enforce any right or provision outlined in these Terms of Service does not waive our right to do so in the future.

These Terms of Service, along with any additional policies or operational guidelines posted by us on this site or related to the Service, constitute the complete agreement between you and us. They govern your use of the Service, overriding any previous or contemporaneous agreements, communications, or proposals, whether verbal or written, between you and us (including prior versions of the Terms of Service).

Any uncertainties in interpreting these Terms of Service will not be interpreted against the party responsible for drafting them.

Section 18 – Governing Law

These Terms of Service, along with any separate agreements through which we provide you Services, are governed by and construed in accordance with the laws of the United States.

Section 19 – Changes to Terms of Service

You can access the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and revisions on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at info@bagchip.com.