BAGDUJOUR.COM, LLC

Online Terms and Conditions of Use

 

1. Acceptance of terms and conditions of use:

These Terms and Conditions of use govern your use of the bagdujour.com website (the "site") and all products(s) rental, consignment, sale and resale services of bagdujour.com (the "service"). By joining our email list, you acknowledge and represent that you have read and understand these Terms and Conditions of Use and that they thereby become a binding agreement ("agreement") between you and bagdujour.com. Under this agreement, you agree to receive all communications from bagdujour.com electronically via email; you agree to keep your current email address current and updated under your profile on the site at all times; and you agree that you will be deemed to have received any notice we send to you at that email address. By visiting or browsing our site, you accept these Terms and Conditions of Use and any modifications made to them from time to time.

 

2. Modifications to terms and conditions of use:

Bagdujour.com ("we," "us," and "our") reserves the right, to change, update, modify or terminate this agreement. It is at the customer’s discretion to agree to these Terms of Conditions of Use and it is the customer’s responsibility to review this section of the site before using the site. If you do not agree to any changes in these Terms and Conditions of Use as they may occur, please arrange to terminate your account by (a) notifying bagdujour.com of your unwillingness to accept any changes to the Terms and Conditions of Use by emailing customercare@bagdujour.com; and by (b) immediately returning all outstanding items and discontinuing your use of the service and the site.

 

3. The bagdujour.com service:

The bagdujour.com service allows registered member users to access the site and purchase, consign, resale, or rent products from bagdujour.com in accordance with these Terms and Conditions of Use. The items offered on bagdujour.com are presented on the website in the form of digital photographs of the actual items. Minor discrepancies between the presentation and actual products do not qualify as a defect in the items offered. Member users also agree to comply with any terms, conditions, or policies that bagdujour.com may provide to users from time to time on the site. The member can choose products to rent from our online selection, and have them shipped to the member's address. There are no pre-set limits on the number of times a member can rent products. However, we reserve the right to ask for a deposit and/or limit the number of items that a member may borrow at any time and/or to require the return of any or all borrowed items in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you. Any and all items offered for rental or actively rented by member users remain the sole property of bagdujour.com and bagdujour.com expressly retains title of ownership of such rental items. The current monthly rental rates are outlined in detail on the site. Also, the current shipping policies governing the delivery and return of products are detailed on the site. Delivery time for products you have selected to rent or purchase may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, (d) other circumstances impacting delivery such as delivery service conditions, and (e) other known or unknown variables. Bagdujour.com makes no guarantees as to actual delivery time. We will send you an email letting you know when your product is shipped. The rental period begins the earlier of either the date of UPS delivery scan or 5 days after that shipment date. The risk of loss for items shipped passes to you upon our delivery to the carrier which is selected at our discretion and is typically UPS in the United States, and internationally may be UPS or DHL. All confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact bagdujour.com immediately to place a tracer investigation with the carrier. You are responsible for all rental monies due during the tracer investigation period. In the event the item is indeed lost or stolen during the time in which you are responsible, you are liable and your credit card will be charged for the replacement value of the item, according to the manufacturer’s suggested retail price (MSRP) as posted for that item on the website. In the event the tracer investigation finds bagdujour.com to be at fault, we will refund the applicable rental monies to you.

 

Member users are not charged for normal wear and tear of an item. However, if you return an item with excessive or abusive damage exceeding normal wear and tear, as determined by bagdujour.com in its sole discretion, you agree that bagdujour.com may charge your credit card for the full value of the item according to the manufacturer’s suggested retail price (MSRP) as posted for that item on the website. In the event you are not able to return an item due to theft or loss, you agree that bagdujour.com may charge your credit card for the full value of the item according to the manufacturer’s suggested retail price (MSRP) as posted for that item on the website. Rental fees will continue to accrue until notification by you that the item is lost or stolen and rental fees will continue to accrue until payment for the full value is received. Bagdujour.com reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have rented, or if we notice multiple cases of loss or theft.

 

4. Becoming a member and obtaining an account:

Before you can begin use of the bagdujour.com service, you must register as a member user through the site to obtain an account. There is no fee for registering as a member user. By registering through the site, you give us permission, at our sole discretion, to obtain credit information from consumer credit-reporting agencies. Typically this is done when requesting to rent a higher priced item, but we reserve the right to perform this at any time you request a rental item. You must be 18 years of age or older to register as a member and use the bagdujour.com service. You agree to provide true, accurate, current and complete information about yourself as prompted by the site's registration form, and you agree to maintain and promptly update your registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your user account and refuse to offer you any and all current or future use of the service and the site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your user account and your computer. You are solely responsible for any activity related to your user account. If you suspect any unauthorized use of your user account, notify us immediately. Notwithstanding, bagdujour.com cannot be held responsible for any fraudulent or unauthorized use of your account. In order to provide you with ease of access to your user account, we may place a cookie (a small text file) on the computers from which you access the bagdujour.com site. When you revisit the site, this cookie will enable us to recognize you as the user account holder and allow you to more easily access your user account. If you are a re-seller, you must follow and are bound by the same procedure for establishing and maintaining a user account. All items purchased by re-sellers are “final sale” and may not be returned for refund. In no instance whatsoever may member users, including, re-sellers, use the bagdujour.com name or trademark. Bagdujour.com reserves the right to terminate a member user account and relationship at any time without notice.

 

Bagdujour.com or the member user can terminate the membership at any time at their discretion. In the event your user membership is terminated, either by you or by bagdujour.com, all items you have on loan are to be returned immediately and all rental or other fees are due immediately. In the event all items are not promptly returned, you agree that bagdujour.com may charge your credit card for the replacement value of the item according to the manufacturer’s suggested retail price (MSRP) as posted for that item on the website. Rental fees will also continue to accrue and will be charged to your credit card until safe return of the item(s) on loan (including all appurtenant items such as removable straps, bag charms, dust bags, etc.). We may provide notice of any such changes in user membership by email, notice to you upon log-in, or by publishing them on the site. If you wish to terminate your user membership, you must do so in writing by email to customercare@bagdujour.com .

 

5. Contracts and billing:

By submitting a completed order form provided on the bagdujour.com web site, you are placing a binding offer for a rental or purchase contract with us. You submit the offer by entering the required information during the ordering process and submitting the form through the “complete transaction” or “complete purchase” button. A rental or purchase contract between you and bagdujour.com will only become effective once we have accepted the offer by dispatching the item ordered. When you join as a member user and subsequently place orders for rental or purchase on the site, you will be required to provide bagdujour.com with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the service, you authorize bagdujour.com or its agent to bill your credit card for the applicable price and/or rental fees, shipping charges, any and all applicable taxes, and any other charges you may occur in connection with your use of the site and service. Other fees will be charged to your credit card as you incur them. If bagdujour.com does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the site and service and you authorize bagdujour.com to charge outstanding fees and other amounts due us against any credit card you have on file with us. Bagdujour.com reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Bagdujour.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. We may modify the price, content, or nature of the site and service at any time. Upon becoming a member user, that membership continues indefinitely until terminated. Bagdujour.com or the member can terminate at any time at their discretion. In the event your user membership is terminated, either by you or by bagdujour.com, all items you have on loan are to be returned immediately and all rental or other fees are due immediately. In the event all items are not promptly returned, you agree that bagdujour.com may charge your credit card for the replacement value of the item according to the manufacturer’s suggested retail price (MSRP) as posted for that item on the website. Rental fees will also continue to accrue and will be charged to your credit card until safe return of the item(s) on loan (including all appurtenant items such as removable straps, bag charms, dust bags, etc.).

 

6. Authorizations:

We reserve the right to determine whether your credit card(s) is/are pre-authorized to accept a minimum charge equal to the retail value of each handbag for rental or for the state purchase price of items for resale. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid credit card before continuing to use the site and service. Typically an initial credit card authorization for $1.00 is processed in order to verify the validity of the card. There will then be a second authorization for the actual amount of the monthly rental fee or purchase price. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes, shipping fees, any other applicable fees will be charged.

 

7. Returns and refunds:

Rental returns:

If you are unhappy with your rental item, you may return it within 7 (seven) days for a full credit card refund, less cost of shipping. You must email us at customercare@bagdujour.com within two (2) day of receiving the rental item to notify us that you are sending back the rental item. The item must be accompanied by the certificate of authenticity tag and any and all other appurtenant items such as removable straps, bag charms, dust bag, etc. that were included in the rental. The item must be confirmed in transit via tracking number to us within 2 (two) business days of arrival of the item to you. The customer is responsible for return shipping and insurance charges. Shipping fees are not refundable. We suggest insuring the package for the manufacturer’s suggested retail price (MSRP) as displayed on the website, to protect against loss, damage or theft. We are not responsible for items that are lost, damaged or stolen before reaching us. We will process your refund within 24-48 hours of receipt of the bag and all appurtenant items as well as approval that the bag is in the same condition as when it originally was shipped to you.

Purchase returns:

If you are unhappy with the purchase item, you may return it within 14 (fourteen) days for a full credit card refund, less cost of shipping and a 10% restocking fee. You must email us at customercare@bagdujour.com to request a Return Merchandise Authorization (RMA) number and include this with the item being returned. The item must be accompanied by the certificate of authenticity tag and any and all other appurtenant items such as removable straps, bag charms, dust bag, etc. that were included in the purchase. Any bag returned that is missing appurtenant items will not be accepted for return and refund. The item must be confirmed in transit to us via tracking number within 7 (seven) business days of arrival of the item to you. The customer is responsible for return shipping and insurance. Shipping fees are not refundable. We suggest insuring the package for the manufacturer’s suggested retail price (MSRP) as displayed on the website, to protect against loss, damage or theft. We are not responsible for items that are lost, damaged or stolen before reaching us. We will process your refund within 24-48 hours of receipt of the bag and all appurtenant items as well as approval that the bag is in the same condition as when it originally was shipped to you. We will not accept return of any item marked “final sale” and no refund will be issued.

Return shipping address:

bagdujour.com

1776 Park Ave Ste 4-363

Park City, UT 84060

 

8. Actual damages, Liquidated damages, Attorneys' fees, collection and litigation costs, and interest:

Actual damages:

In the case of a failure to pay any debts or to return any item(s) when due to bagdujour.com (hereinafter a "default"), you will be liable to bagdujour.com for its ACTUAL DAMAGES, including but not limited to the then-current rental payment for each item until the item is received by bagdujour.com in an undamaged condition complete with all appurtenant items such as removable straps, bag charms, dust bags, etc. If said item has not been returned in a complete and undamaged condition before the expiration of 90 days after the date of default, then Bagdujour.com at its option may alternatively charge you the MSRP as maintained by bagdujour.com for that item, plus 90 days rent from the date of default, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. If suit is filed, bagdujour.com may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then bagdujour.com will charge you the MSRP as maintained by bagdujour.com for said item, plus 90 days rent from the date of default.

Liquidated damages:

Bagdujour.com spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that bagdujour.com is also entitled to collect LIQUIDATED DAMAGES in addition to its ACTUAL DAMAGES if bagdujour.com commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the LIQUIDATED DAMAGES will consist of a $1,000 per-item charge for each item that remains unpaid and/or unreturned at the time that Bagdujour.com commences collection or legal action, which sum is intended to compensate for the expenditure of bagdujour.com's internal resources as a result of your breach of contract, fraud or other wrongful or negligent acts. In cases where bagdujour.com has been unsuccessful in recovering its merchandise in a complete and undamaged condition prior to the entry of a judgment against you, then bagdujour.com's LIQUIDATED DAMAGES will also include an additional 90-day rental charge to cover the period from day 91 through day 180 following your default. This second, 90-day rental period is intended to provide a reasonable estimate of bagdujour.com's additional lost rental income caused by your wrongful retention of bagdujour.com's property. It will be charged to you at the same rate as was actually charged for the first 90-day default rental period. You understand and agree that the LIQUIDATED DAMAGES of (i) $1,000 per item plus (ii) the second, 90-day rental period for items that are not recovered in an undamaged condition, are not a penalty, but instead are reasonable and necessary estimates of the sums needed to compensate bagdujour.com for the loss of its internal resources and for the loss of its future rental income.

Attorneys' fees, collection and litigation costs, and interest:

If bagdujour.com commences collection or litigation activities to recover its property and/or monies due from you, to recover Actual Damages, and/or to recover Liquidated Damages, you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys' fees and expenses of collection and litigation. You further agree that bagdujour.com will be entitled to recover prejudgment interest on its Actual Damages and Liquidated Damages from the date of default to the date of judgment entry at the rate of 12% per annum.

Reservation of rights:

Bagdujour.com expressly reserves its right to seek additional elements of actual damages other than those expressly identified above. The customer is barred from offset of any claim or counterclaim covered if such claim or counterclaim has no legal backing, was not unanimously agreed upon, or is covered in a separate rental or purchase contract.

 

9. Privacy:

Any information submitted on the site is subject to our Privacy Policy, the terms of which are incorporated into these Terms and Conditions of Use. Our Privacy Policy may be found at Privacy and may be updated, revised, and changed from time to time and we continue to enhance and expand our site and service. By accepting these Terms and Conditions of Use, the user agrees to abide by our Privacy Policy.

 

10. Submissions:

The bagdujour.com site and service may allow you and other third parties to post reviews or comments concerning the service or the products we offer. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the site are those of the respective authors or producers and not of bagdujour.com, or its shareholders, directors, officers, or employees. Bagdujour.com may review and delete any content, in whole or in part, that in the sole judgment of bagdujour.com violate these Terms and Conditions of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will bagdujour.com, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the site and service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the site and service. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the site and the service. Furthermore, by posting any submission on the site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sub license, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a submission or information, you represent and warrant that public posting and use of your submission or information by bagdujour.com will not infringe on or violate the rights of any third party. Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you submit.

 

11. Restrictions of use:

You will not use the site or service and/or your user account to:
(a) Upload, post, email, or otherwise transmit any submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses, and URLs), or that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(d) Upload, post, email, or otherwise transmit any submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post, email or otherwise transmit any submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
(g) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
(j) "Stalk" or otherwise harass another;
(k) Write comments that in any way refer to persons under 18 years of age;
(l) Collect or store personal data about other users.

 

12. Access limits:

Unless otherwise specified, the content on the site and the service is for your personal, non-commercial use. Bagdujour.com grants you a limited license to access the site solely for that purpose. You may not download (other than through page caching necessary for personal use transactions with bagdujour.com), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the site or service, or any information contained on, or obtained from, the site or service without the express written consent of bagdujour.com. Any and all unauthorized uses of the site or service or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not:
(a) Use any automated means to access the site or service or collect any information from the site or service (including but not limited to robots, spiders or scripts).
(b) Frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information from the bagdujour.com site or service.

 

13. Disclaimers of warranties and Limitations on liability:

The site and service (including the products provided under the site and service and/or rented and/or purchased through the site and service), and the site and its contents, are provided "as is." Bagdujour.com makes no representations or warranties of any kind with respect to the service and products provided with or rented or sold by the service, the site, or any contents therein. Bagdujour.com assumes no liability or responsibility for any errors or omissions in providing the site and service or in the content of the site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the site and service, any losses or damages arising from the use of the content provided on the site and service, goods and/or services provided by bagdujour.com, or any conduct by users of the site. Bagdujour.com reserves the right to refuse to ship products in its sole discretion.

 

Bagdujour.com expressly disclaims all representations and warranties relating to the service, the products, and the site, including, but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, title, and non-infringement. In addition, bagdujour.com does not represent or warrant that the information on or accessible via the site or through the service is complete or current. Bagdujour.com and its affiliates', suppliers', and their respective officers', directors', shareholders', employees' and agents' liability under these terms of use and any other terms and conditions is limited to direct, objectively measurable damages. Bagdujour.com and its affiliates, suppliers, and their respective officers, directors, shareholders, employees and agents will not be held liable for any indirect or speculative damages (including but not limited to the foregoing, consequential, incidental, and special damages) including but not limited to, loss of use, business interruptions, and loss of profits, regardless of whether these parties had advance notice of the possibility of any such damages. Bagdujour.com and its affiliates', suppliers', and their respective officers', directors', shareholders', employees' and agents' total liability to you for any claim arising out of or relating to the service, the products, the site or these terms of use, whether in contract or in tort, shall not exceed the amounts paid to bagdujour.com by you under these terms of use. Each provision of these terms of use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms of use between the parties. This allocation is reflected in the pricing offered by bagdujour.com to you and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this agreement. The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy under these terms of use.

 

14. Indemnity:

You agree to indemnify and hold bagdujour.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the site and service in violation of these Terms and Conditions of Use and/or arising from a breach of these Terms and Conditions of Use.

 

15. Intellectual property:

Bagdujour.com is a trademark of BAGDUJOUR.COM, LLC. All bagdujour.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of BAGDUJOUR.COM, LLC. Any trademarks not owned by bagdujour.com that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by bagdujour.com. All content and compilation thereof on the site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of bagdujour.com, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without the express written permission of bagdujour.com.

 

16. Termination:

You agree that we, in our sole discretion, may terminate your password, user account, or use of the service or the site, and remove and discard any of your submissions from the site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or for any other reason in our discretion. Also, we may, in our sole discretion and at any time, discontinue providing the service or the site, or any part thereof, with or without notice. You agree that any termination of your access to the service or the site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your user account and all related information and submissions made to or from you user account and bar any further access to such information or to the site or service. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of your user account and your use of service or your access to the site.

 

17. Links and advertising:

We may provide, or third parties may provide, links to other web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. Bagdujour.com is not responsible for the content on the internet or web pages that are contained outside the site. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the site.

 

18. Service tests:

Bagdujour.com tests aspects of its site and service from time to time. Bagdujour.com reserves the right to include you in such tests without notice.

 

19. Governing law, jurisdiction, venue and arbitration:

These Terms and Conditions of Use are governed in all respects by the laws of the State of New York. By accepting this agreement and using the service, you accept and consent to the personal jurisdiction and venue of the federal and state courts in Westchester County, New York, or Summit County, Utah, for any court action or proceeding deemed necessary by bagdujour.com to collect amounts due hereunder, to recover its property, and/or to protect bagdujour.com from theft or fraud. At bagdujour.com's sole option, it may also commence any court action or proceeding to collect amounts due hereunder, to recover its property, and/or to protect bagdujour.com from theft or fraud, in the federal or state courts in the state where you reside, or in the state where the property is located. Any other controversy or claim arising out of or relating to these Terms and Conditions of Use, the service, the products, or the site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Westchester County, New York, Summit County, Utah, or such other venue as may be deemed appropriate and judgment on the arbitration award, including foreign judgments, may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by New York State law and/or other applicable state and/or local law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

 

20. Claims of copyright infringement:

It is the policy of bagdujour.com to respect the intellectual property rights of others. If you are aware of any infringing material or activity on the site, or know of someone who is making unauthorized use of the site, please submit written notification of your concern to the following address:
bagdujour.com

1776 Park Ave, Ste 4-363

Park City, UT 84060

 

21. Taxes:

All applicable local, city, and state taxes are responsibility of the customer/member user and you as customer/member user agree to pay these taxes.

 

22. Communication and notice:

By using the site or the service, you consent to receiving electronic communications from bagdujour.com. These communications may include notices about your user account, such as shipping and receiving emails and other transactional information, and information concerning or related to the site and/or service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be sent to you in writing.

 

23. General performance:

Bagdujour.com's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or any other circumstance including similar circumstances. Bagdujour.com is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.

 

24. Entire agreement:

These Terms and Conditions of Use comprise the entire agreement between you and bagdujour.com and supersede all prior agreements between the parties regarding the subject matter contained herein. Any failure or omission of any one or more portions of this agreement does not affect any remaining portions of this agreement. If any provision is deemed invalid, nothing in this shall prejudice the validity of the remaining provisions hereof. This agreement for Terms of Conditions of Use constitutes the entire agreement between member user and bagdujour.com.

 

Effective November 28, 2014.