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WEBSITE USER AGREEMENT

Terms and Conditions

1. Parties and Acceptance of Terms

Bassemiers (hereafter also referred to as “We,” “Our,” or “Us”) provides access to www.Bassemiers.com (the “Site”). Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a “User” (also referred to as “you” or “your,” as applicable) under this Agreement. Purchases from this Site may only be made by Users who are eighteen (18) years old or older and are subject to all Terms & Conditions.

Use of the Site is conditioned upon your acceptance of this Website User Agreement (the “Agreement“). Accessing, browsing, framing, using, linking to, and/or making purchase(s) from the Site, shall be deemed to be use of the Site and consent to be bound by the terms of this Agreement, including but not limited to any other terms, conditions and procedures included in, linked to, or incorporated by reference in any other accompanying documents used or referred to in this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted and/or contained in these particular features or accompanying documents. In the event of a conflict between any other agreement, rule, policy, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact Bassemiers before using the Site.

2. Use of the Site

This Site is provided “As Is” and “As Available”, without warranty of any kind, except as expressly stated herein. NO WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ABILITY TO ACHIEVE A PARTICULAR RESULT ARE MADE BY VIRTUE OF THE TERMS AND CONDITIONS OF THIS WEBSITE AND/OR AGREEMENT.

Bassemiers cannot, and does not, guarantee that the Site will be free of infection from viruses or other malware that could damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, hardware, software, data or personal information belonging to you. The user is responsible for implementing sufficient procedures and checkpoints to protect User from infection of viruses and/or malware and satisfy User’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Bassemiers will not be held responsible for any loss or damage caused by any corruption or loss of data due to the use of this Site. Use this Site AT YOUR OWN RISK.

Without limitation to any other rights of Bassemiers, Bassemiers reserves the right to do any of the following at any time: (i) Terminate User’s use of this Site without notice at any time for any cause, including violation of the terms and conditions of this Agreement and/or violation of any copyright infringement or any violation of any other intellectual property rights, or for other cause as provided below; (ii) modify the terms of use, as provided below; (iii) change or alter the site, including the addition of new features or services provided and/or elimination of or discontinuation of any content, features or services, as provided below.

3. Internet Use

USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USER’S USE OF THE SITE VIA THE INTERNET. USER ACKNOWLEDGES THAT ANY UPLOADS OR TRANSMISSIONS USER MAKES RELATED TO THE SITE MAY POTENTIALLY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, USER ASSUMES ALL RISK AND RESPONSIBILITY FOR USE OF THE SITE.

4. System Outages

Bassemiers periodically schedules system downtime for maintenance of the Site and other purposes because We want the Site to be available to User as often as possible. In addition, unplanned system outages also may occur. Bassemiers shall have no liability to User, whatsoever, for unavailability of the Site, for any reason, or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, miss-delivery, or non-delivery of information caused by such system outages. Also, Bassemiers shall have no liability to User for any outages of web host providers, internet infrastructure, and external networks to the Site.

5. Indemnification

User agrees to indemnify, defend, and hold Bassemiers (and its affiliates, officers, directors, employees, attorneys, and agents) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) User’s use, misuse, or abuse of the Site; (ii) User’s use of products or services provided through the Site; and/or (iii) User’s breach of any provision of this Agreement.

User agrees to cooperate as Bassemiers may require in defense of any claim made against Bassemiers as a result of the foregoing conduct by User. However, Bassemiers reserves the right, at its own expense, to assume the exclusive defense and control of any claim against it attributable to User’s conduct as set forth above and thereafter seek reimbursement from User for any and all such costs of defense and indemnification from User for any loss, settlement, or judgment sustained.

6. Intellectual Property

The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content“) is the property of Bassemiers and/or its affiliates, and is protected by state, federal, and international copyright and trademark laws, or other proprietary rights, where applicable. These rights are protected in all forms, media, and technologies existing now or hereinafter developed. The user may print and download portions of the Content from the different areas of the Site solely for User’s personal, non-commercial, use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Bassemiers.

The user may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. The user may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Bassemiers. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, copyright, or trademark of Bassemiers or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Bassemiers copyright.

7. Policy Regarding Copyright Infringement and Designation of a Copyright Agent

Bassemiers policy regarding copyright infringement and Bassemiers designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is as follows:

Bassemiers respects the intellectual property rights of others and requires those that visit its website to do the same. Bassemiers may, in appropriate circumstances and at its discretion, remove or disable access to material on the Site, or its network, that infringes upon the copyrights of others. Bassemiers also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to Our website or users of Our network repeatedly infringe on others copyrights, We may, in our sole discretion, terminate those individuals’ rights to use Our website and/or network.

If you believe that your work has been used on Our website or Our network in any manner that constitutes copyright infringement, please notify Bassemiers in writing.

8. Limitation of Liability

Bassemiers makes no representations as to its compliance with any local, state or federal laws by creation, maintenance or use of this Site. Bassemiers shall have no liability or responsibility for any error’s, omission, or inaccuracies in the contents of the Site or information flowing through the Site.

BASSEMIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES INCLUDING DAMAGES FOR LOSS PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BASSEMIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM ONE OR MORE OF THE FOLLOWING: (i) THE USE OF OR INABILITY TO USE THE SITE (ii) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF BASSEMIERS OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; (v) DAMAGE OR INJURY TO USER’S EQUIPMENT, HARDWARE, SOFTWARE, OR DATA; OR (vi) ANY OTHER MATTER RELATING TO THE SITE.

USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL BASSEMIER’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT TO USER EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY, BY USER TO BASSEMIERS FOR USER’S USE OF THE SITE OR $10.00. IN THOSE STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BASSEMIERS LIABILITY TO USER IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.

THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT, AS WELL AS ALL OTHER TERMS OF THIS AGREEMENT, INURE TO THE BENEFIT OF BASSEMIERS OWNER’S DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, ATTORNEYS, AND AGENTS.

9. Your Account and Membership Obligations

In consideration of the use of the Site User agrees to (i) provide accurate and current information about User as prompted by the Site (the “Registration Information“); and (ii) maintain and update the Registration Information to keep it accurate and current. Further, User affirms and represents that User is over eighteen (18) years old if User is making any purchases via the Site. If User provides any information that is untrue, inaccurate, not current or incomplete, or reasonable grounds exist to suspect that such information is untrue, inaccurate, not current or incomplete, Bassemiers may, in its sole discretion, suspend or terminate User’s account and decline to permit User’s continued use of the Site and future access to the Site.

The user is responsible for maintaining the confidentiality of User’s password and account number (“Account Information”) and is fully responsible for all activities that occur via User’s Account Information. User agrees that User’s Account Information may be used by Bassemiers to attribute an electronic record and electronic signature to User. User understands and agrees that User’s electronic signature or other electronic actions such as clicking on “acceptance” icons or other symbols indicating an intention to accept services or products provided are binding on User. User shall not disclose User’s Account Information to third parties. User agrees to notify Bassemiers immediately of any unauthorized use of User’s Account Information or any other breach of security. Bassemiers shall not, in any manner, be responsible or liable for fraudulent purchases that are made using User’s compromised Account Information.

10. Shipping

10.1 General Shipping & Order Information

  • UPS or FedEx are typically used on purchased items weighing less than 100 lbs.
  • LTL Freight Shipments: Larger items such as swimming pool kits, hot tub spas, saunas, large above ground pool liners, inground pool liners, game tables, grills, grill carts and islands, patio furniture and fire pits will be shipped via less than truckload shipping (LTL) via common carrier, applicable charges to apply.
  • Additional charges will apply on all orders requesting or requiring expedited shipping.
  • In-stock products will ship from the warehouse in 7-10 business days, from date order received. Allow 2-5 additional business days for delivery depending upon location.
  • Special order items may require additional shipping fees unless otherwise stated.
  • Homeowner responsible for all necessary town, city, county and state permits and verifying that equipment ordered and/or purchased meets all town, city, county and state requirements before placing the order. Bassemiers will not be responsible for equipment that does not meet town, city, county and state requirements. Raised seal and stamped drawings are available to purchase for states requiring permits.
  • LTL Shipping: Freight line shipping companies WILL NOT go onto customer’s private property or driveway for legal reasons, curbside delivery only.
    Other arrangements can be made for a separately quoted fee; Please call for pricing and special delivery options.
  • Liftgate service may not be available on all occasions and locations and may not work in certain circumstances. All customers need to be prepared to receive pallets. Customers should have a bobcat with forks, skid steer with forks, tractor with forks or forklift on hand to accept and unload the shipment.
  • The recipient MUST check for damaged or missing items upon receipt and before signing the delivery ticket.
  • The recipient must report any missing and/or damaged items before the shipper leaves. Report items on the bill of Lading and then fax to 812-401-1122 Bassemiers.
  • All damaged items must be sent back with the shipper for a quick replacement of the damaged item.
  • After the time of delivery, the customer MUST check for shipping damage and complete inventory before signing the delivery ticket. During the inventory, it is important to verify all items and quantity of items listed on the packing slip. Any missing items should be declared before the shipper leaves. If the customer fails to conduct a complete inventory of all items, then the customer will be responsible to purchase any items that were missing.
  • If the recipient does not note damages or missing items on the Bill of Lading at the time of delivery, the customer agrees to file a damage claim “Concealed Damages” form with the shipping company and be reimbursed by the same (all forms, including claims forms, will be e-mailed to you after order is finalized). Bassemiers will then ship all necessary items out via standard ground UPS or common freight carrier. If the damage is not noted at the time of delivery Bassemiers cannot file a claim for the customer.
  • Bassemiers will not be held responsible for:
    • Costs associated with delays in shipping.
    • Costs associated with back-ordered products.
    • Costs associated with any equipment rentals that may be affected due to products damaged in transit.
    • Costs associated with any equipment rentals that may be affected due to delays in shipping or back-ordered products.
    • Costs associated with hired help due to products damaged in transit.
    • Costs associated with hired help due to delays in shipping or back-ordered products.

10.5 Grills, Grill Carts & Kitchen Island Shipping Information

  • All grills and grill carts are delivered curbside by semi (18 wheel) truck, applicable charges to apply.
  • Liftgate service may not be available on all occasions and locations and may not work in certain circumstances. All customers need to be prepared to receive pallets. Customers should have a bobcat with forks, skid steer with forks, tractor with forks, or forklift on hand to accept and unload the shipment.
  • The customer is responsible for unloading their product from the truck and placing it in the final location.
  • Some grill carts and islands are too large for even the liftgate and will require special services obtained from the shipper.
  • Per Bassemiers Terms and Conditions customers MUST check for shipping damage before signing the delivery ticket.
  • All orders are shipped in perfect condition but sometimes damage occurs in transit. If the damage is not noted at the time of delivery the Customer agrees to file a concealed damage freight claim with the company that delivered their order. If the damage is not noted at the time of delivery Bassemiers cannot file a claim for the customer.
  • The recipient must report any missing and/or damaged items before the shipper leaves. Report items on the bill of Lading and then fax to 888-491-1236 Bassemiers.
  • All damaged items must be sent back with the shipper for a quick replacement of the damaged item.
  • Bassemiers will not be held responsible for:
    • Costs associated with delays in shipping.
    • Costs associated with back-ordered products.
    • Costs associated with any equipment rentals that may be affected due to products damaged in transit.
    • Costs associated with any equipment rentals that may be affected due to delays in shipping or back-ordered products.
    • Costs associated with hired help due to products damaged in transit.
    • Costs associated with hired help due to delays in shipping or back-ordered products

11. Returns, Refunds, and Warranties

Bassemiers is committed to quality & 100% customer satisfaction. If you are not satisfied with your purchase, we offer refunds of the purchase price to the original method of payment on eligible purchases.

In order to be eligible for a refund, items must be returned within 14 days of purchase or delivery. All items must be in original condition, undamaged, with store receipt, invoice, or proof of purchase.

The following items are not eligible for refunds:

  • Special Orders
  • Electrical Items
  • Gift Cards
  • Cooking Class Tickets

With your purchase of any product from the Site, you shall be provided with the product manufacturer’s warranty, if any. Bassemiers does not separately provide any warranty to any product purchased on the Site. Further, Bassemiers EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE as to all products sold on the Site.Re

12. Purchase and Product Pricing

In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, product information, or otherwise, Bassemiers shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Bassemiers shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User’s credit card charged. If the User’s credit card has already been charged for the purchase and the order is canceled, Bassemiers shall issue a credit to the User’s credit card account in the amount of the charge.

13. No Endorsement of Content and Links to Other Web Sites

Links, if any, to other websites are provided as merely a convenience to the Users of this Site. Bassemiers does not control all the possible linking or content of any third-party websites to which this Site may be linked. Bassemiers has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from any such content. Bassemiers does not endorse, sanction or verify sites to which this Site may be linked or make any representations about these websites, or any information or other products or materials found there, or any results that may be obtained from using them. Access to such other sites is at User’s own risk.

14. International Users

Bassemiers makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries, or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

15. User Feedback

Should any User respond to Bassemiers with any information, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, Bassemiers products or services or otherwise (“Comments“), such Comments shall be deemed to be non-confidential. Bassemiers shall have no obligation of any kind with respect to such Comments and shall be free to reproduce, use, disclose, and distribute the information to others.

16. Acceptable and Lawful Use of the Site

Any information provided to Bassemiers in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Bassemiers or cause Us to lose the services of Our internet service providers or other suppliers. The user may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail.

17. Miscellaneous: Sever-ability; Non-Waiver; Assignment; Third-Party Beneficiary Rights

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Bassemiers, at any time or times, to require performance of any provision hereof shall in no manner impair Bassemiers right at a later time to enforce such provision. No delay or failure by Bassemiers in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. The user may not assign User’s rights or delegate User’s responsibilities hereunder without the express written permission of Bassemiers. However, Bassemiers, at any time, may assign its rights or delegate its obligations hereunder without notice to User. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.

18. Updates and Modifications

In its sole discretion, Bassemiers may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Bassemiers reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone. If you have any questions about this Agreement, please Contact Us.

19. Termination

Bassemiers may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if We are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by contacting us.

20. Full Agreement and Privacy Policy

This Agreement and any documents expressly incorporated, linked or included by reference constitute the entire agreement between Bassemiers and you pertaining to the subject matter hereof. You agree that you have read and understood the terms of this Agreement and also Bassemiers Privacy Policy.