Terms and Conditions
Bigger Kids Terms and Conditions
BGL Products LLC - Terms & Conditions
Updated 12th of May 2018
PLEASE REVIEW THE SALES, SHIPPING, AND RETURN POLICIES BELOW BEFORE MAKING A PURCHASE OF PRODUCTS ON WWW.BIGGERKIDS.COM (THE “SITE”). THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF PRODUCTS FROM THE SITE (“MERCHANDISE”). BY ACCEPTING THESE TERMS AND CONDITIONS THROUGH THE COMPLETION OF YOUR PURCHASE, SELECTION OF A METHOD OF PAYMENT, AND YOUR ENTRY OF YOUR PAYMENT METHOD INFORMATION, YOU HEREBY AUTHORIZE BGL Products LLC (“Bigger Kids”) TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF MERCHANDISE.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE SITE.
1.Legal Age Requirement. You must be the age of majority or older in your jurisdiction or state of residence to purchase items from the Site. By placing an order through the Site, you represent that you are at least the age of majority in your jurisdiction of residence and that the person to whom any product will be delivered is also the age of majority. Bigger Kids reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing a product may require further the signature of an adult possessing valid picture identification issued by a government agency proving that he or she is at least the age of majority.
2. Arbitration Agreement and Class Action Waiver. Except where prohibited by law, you and Bigger Kids agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Site, the services or materials provided through our Site, any transaction or relationship between us resulting from your use of our Site, communications between us, or the purchase, order, or use of our products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and Bigger Kids agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Bigger Kids further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
3.BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Bigger Kids will reimburse you for any standard filing fee which may have been required by AAA once you have notified Bigger Kids in writing and provided a copy of the arbitration proceedings. However, if Bigger Kids is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Bigger Kids. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
4. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Bigger Kids and may not preside over any kind of representative or class proceeding against Bigger Kids, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Bigger Kids, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF PLACING AN ORDER FOR THE PRODUCT, PURSUANT TO THE INSTRUCTIONS BELOW.
5. Merchandise Orders. All orders placed through the Site are subject to Bigger Kids’ acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. Bigger Kids may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Bigger Kids, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our customer care department. Bigger Kids reserves the right at any time to choose to lower the prices of its Merchandise or services. Your purchase from biggerkids.com, will be shown on your credit card statement as biggerkids.com.
6.Payment Methods: Products will be charged based on the final discounted price as shown on at checkout on website unless specified otherwise. Certain products or services may offer a finance option. With a finance option, you can receive an item now and pay monthly installments at no extra charge with your major credit card. The product price, and any applicable sales tax will be paid divided according to the specified number of payments. During checkout, just choose the finance option, when available. The first payment will charge your card for Shipping and Handling upon placing the order. Then, approximately every 30 to 31 days, each remaining installment will be billed to the credit card used on the order. Finance option billing dates are set according to the ship date of the order; billing dates for future installments can't be customized or changed. Finance option offers are subject to approval by BGL Products LLC.
7.While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:
8. Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
9.Orders that appear to be shipped to a freight forwarding company for reshipment.
10. Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:
11.Incorrect credit or debit card information such as card number, expiration date and card security value;
12.Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
13.Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.
14.Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.
15.Orders connected to previous credit card disputes.
16.If your order has been processed and shipped, you may return the Merchandise you ordered pursuant to the terms of our Return Policy, which is set forth in Section 9 below.
17.Payments. Bigger Kids offers several methods of payment for you to purchase Merchandise including, but not limited to, credit cards and debit cards. Some methods of payment are only available in certain countries. Bigger Kids reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to purchase Merchandise from the Site. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card might have been used in a fraudulent manner to purchase Merchandise, please contact our customer care department.
18.Credit Card Information and Bank Account Information. Company may, in certain instances, collect credit card numbers, bank account information and related information when an individual places an order on Company’s Website. When the credit card or bank account information is submitted to Company, such information is encrypted and is protected with SSL encryption software. Company will use the credit card information or bank account information for purposes of processing and completing the transaction you requested on the Website, and the credit card information or bank account information will be disclosed to third parties as necessary to complete the requested purchase transaction.
19.Taxes. All orders are subject to applicable taxes in the states to which they are shipped.
20.Discounts and Promotions. Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.
21 Merchandise Offers and Modifications. For current pricing and Merchandise descriptions, go here: http://www.biggerkids.com.com . Bigger Kids reserves the right at any time to choose to lower the prices of its Merchandise or services. Prices will be displayed in the local currency of the user of the Site, but all amounts charged in connection with the sale of any Merchandise shall be in United States Dollars only. Depending on conversion rates, the value of the price displayed on the Site in non-US Dollars may vary from the ultimate amount charged to the user’s credit or debit card. Bigger Kids is not responsible for any pricing differences or changes that result from currency fluctuations.
22. Shipping Policy. Your order will be processed within 24 hours of the time of purchase and shipped to the address entered at the time of purchase. Please allow three to five (3-5) business days for any U.S.-based orders. Delivery time for orders will vary depending on the location and will be specified in the confirmation email. For orders placed on a Friday, Saturday or Sunday, packages will ship out the following Monday, unless that Monday is U.S. federal or state holiday in which case the shipment will be processed on the next non-holiday business day.Shipping will be through Fedex, USPS or UPS either through us or a 3rd party vendor. If you feel you are experiencing any delay in the delivery of your product, you may contact our customer care department at 805-380-5437. or firstname.lastname@example.org. In the event that shipping is delayed due to demand, your order will be process as fast as our warehouse can handle.
23.If for some reason you do not receive the product after the time period specified in your confirmation email, we recommend that you contact customer support at 805-380-5437 or email@example.com. If you have placed an initial order as part of a subscription program, we suggest you request for an extension of the time period you will have to try to the product without any obligation. All orders are shipped to consumers with delivery confirmation; and if the order is shown as delivered we operate under the assumption that it has been delivered unless you call to state otherwise. There will be no refunds for product claimed to be undelivered if we are not notified within 14 days following the placement of the order and the package is shown as delivered with delivery confirmation obtained via the US Postal Service.
24.Refund & Return Policy. Please note that after 45 days from the day you order your Merchandise, all sales are final. Full refunds (excluding the cost of shipping and handling) will only be offered on unopened, unused Merchandise; refunds on opened or used Merchandise will be determined on a case by case basis and will be determined during the RMA process. In no event will refunds be offered on the costs of shipping and handling. In the event you are dissatisfied with your purchase for any reason, within 45 days from the date you ordered your product, please contact customer service by either calling 805-380-5437 or emailing firstname.lastname@example.org, and they will issue you an RMA number. To return the Merchandise for a refund, you must mail the Merchandise back to the address provided to you by customer service with the RMA number within 30 days from the day you bought your original order. No returns or refunds will be credited after 30 days from the day you receive your original order. Any Merchandise must be returned at the customer’s expense and must have an RMA number marked on it. Absolutely no returns are eligible for a refund for used or opened Merchandise without an RMA. Merchandise must be sealed, undamaged and un-tampered with to be eligible for a full refund. Once we process your refund, please allow 7-10 business days depending on your receiving bank. More stipulations to our refund policy are as follows:
25.Customers are restricted to receiving a single refund per Merchandise ordered. Repetitive refunds are not permitted unless the Merchandise, as delivered to you, is defective. Bigger Kids reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in Bigger Kids’s judgment, requests refunds in bad faith.
26.In order to process your refund, you must supply Bigger Kids with your name and delivery address. If you provide us with insufficient or incorrect information, your refund will be delayed.
27.Please note that we are not responsible for any returned Merchandise that gets lost or stolen while in transit to us. We recommend all returned Merchandise be sent using some type of delivery confirmation system to ensure proper delivery.
28.Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Bigger Kids AND AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR ANY PRODUCT OR USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION, LIABILITY FOR A PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. IN NO EVENT WILL Bigger Kids OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, Bigger Kids AND ITS AFFILIATES ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY.
29. Disclaimer of Warranties. Bigger Kids AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THE PRODUCTS AVAILABLE FOR SALE ON THE SITE. EACH PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REGARDING THE PRODUCTS, Bigger Kids AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.
31.Governing Law. Bigger Kids is located, and controls the Site, from its offices within the State of Arizona. These Offer Terms and Conditions shall be governed by the laws of the State of Arizona, without giving effect to its conflict of laws provisions. These Offer Terms are not enforceable by any party except for Bigger Kids and its customers. If any provision of these Offer Terms and Condition is found not to be enforceable, that term will be deleted and all other terms will remain.
32.Contact Information. If you have questions regarding this Site or if you are interested in obtaining more information concerning Bigger Kids and its products or services or permission to use any Bigger Kids’ content, please contact Bigger Kids at 805-380-5437 (phone) or email@example.com(email). Monday - Friday 24 - Hours (PST). We are closed on major US holidays: Thanksgiving, Christmas and Easter.