Website Terms and Conditions

  Bon-Vivant Equestrian Import Co. LLC, Terms of Use

Effective July 26, 2017

Changes to Terms of Use

We may change the Terms of Use at any time by posting revisions to the Website with a new effective date. Your continued use of the Website after a posted change in the Terms of Use shall indicate your agreement to the revised terms. You should review the Terms of Use from time to time to make sure that you are aware of the current Terms of Use.

Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accurateness of this website, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Website, coupon codes, promotional codes, free shipping codes and other content thereon. It is possible that the Website could include typographical errors, inaccuracies, calculation inaccuracies, or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties.  In the event that an inaccuracy arises, please inform us so that it can be corrected.  Information contained on the Website may be changed or updated without notice.  Additionally, we shall have no responsibility or liability for information or content posted to the Website from any non-Bon-Vivant Equestrian Import Co., affiliated third party.

Online Gift Cards

This website may offer online Gift Cards for sale. Any Gift Cards purchased on this website can only be used to buy products on this website. They cannot be redeemed for cash, except as required by law. Gift cards cannot be reloaded. To find out your Gift Card balance, visit checkmygiftcertificatebalance.

If a Gift Certificate purchased on our website is lost or stolen, we will replace it with a Gift Certificate in the amount of the remaining balance, only if the purchaser's Gift Certificate confirmation email and Gift Certificate # are provided to us as proof of purchase.  To report your card as lost or stolen, contact Customer Support at 877-LUV-TACK. For additional Terms and Conditions, see the Gift Card purchase page or the Gift Card Confirmation email.

Returning Merchandise

You can return most new, unopened items within 30 days of delivery for a full refund (Some Exclusions Apply*).  Please visit our returns page for additional information on our policies and procedures.  As soon as we receive and process your return, we will notify you via email.  Your credit card should be credited within 10 business days of the time that you receive this email. The return credit should be reflected on your statement within one or two billing periods, depending on your financial institution's billing cycle. Embroidered Saddle Pads, Monogrammed Saddle Pads and all other personalized, customized and/or special orders are not eligible for return.  Sorry, but we're sure you understand.  Custom Browbands are not returnable.  Sometimes, we can make an exception for custom browbands (depends on the level of customization).  Please request a return and we will review.  However, a 25% restocking fee will be applied to any custom browband return that is approved.  Please visit our returns page.

Damaged Items

If an order arrives to you with obvious shipping damage, please refuse the delivery. If you have accepted delivery and then find shipping damage, please contact us.  Please save all packaging material and paperwork for the order if shipping damage is a possible issue. If you dispose of packaging material or attempt to return the merchandise without contacting the fulfiller, you jeopardize our chances of making a claim, and you may not receive credit for the return.

Limits of Responsibility

We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product. 

International Territory Shipping

When you begin checkout, available shipping destinations can be selected from pull-down menus for Region and Country. If your desired destination is not included in the available selections, we cannot ship orders to it.  Please visit our International Shipping and Policies Page for more information.

APO and FPO Addresses

When you request that your order ships to an APO or FPO address, the package will ship SAM (Space Available Mail). SAM is no additional charge and will ship your package from the APO or FPO address via the next available boat.

Price and/or Description Changes/Discrepancies

All prices, pictures, and descriptions on this website are subject to change at any time and for any reason, without notice. We maintain no responsibility for inadvertent errors, mis-calucations, promotional coupon code inaccuracies, etc.  Please contact us within 30 days regarding price or promotion discrepancies.   We accept no responsibility for incorrect colors or measurements as they are never guaranteed to be exact. Please allow for a tolerance in measurement and/or colors as represented on our websites.  Please understand that we've tried to represent the color(s) as best as we can but this is out of our control. Please expect some variation in coloring due to screen resolution/computer/monitor settings/different dye lots, etc.

When you place your order with us, you agree to the price and terms indicated on this website.  Price differences, price mis-calculations or any other inaccuracies related to all orders and future or past prices in our store or any other store are not refundable.

Indemnification

You agree to indemnify, defend, and hold harmless Bon-Vivant Equestrian Import Co. LLC, its affiliates, it's product manufacturers', officers, directors, employees, consultants, and agents from any and all claims, liability (including product liability), damages, and/or costs (including, but not limited to, attorneys' fees) that arise from your use of any of Bon-Vivant Equestrian Import Co. LLC's services.

Warranty Disclaimer

THE WEBSITE IS A FREE SERVICE PROVIDED BY Bon-Vivant Equestrian Import Co. LLC.  ACCORDINGLY, YOU EXPRESSLY AGREE THAT THIS WEB SITE AND THE MATERIALS/PRODUCTS ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (unless otherwise stated on individual product pages), WHETHER EXPRESS OR IMPLIED. WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY Bon-Vivant Equestrian Import Co. LLC ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Bon-Vivant Equestrian Import Co. LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Bon-Vivant Equestrian Import Co. LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bon-Vivant Equestrian Import Co. LLC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT APPLICABLE LAW PROHIBITS OUR ABILITY TO LIMIT OUR LIABILITY FOR DIRECT DAMAGES, AS THE WEBSITE IS A FREE SERVICE, THE MAXIMUM AMOUNT YOU CAN RECOVER FROM US IS ONE HUNDRED DOLLARS ($100.00). IF YOU ARE DISPLEASED WITH THE SITE YOU SHOULD SIMPLY CEASE USING IT.

Errors on Our Site

Prices and availability of products are subject to change without notice. Errors will be corrected where and when discovered. Bon-Vivant Equestrian Import Company reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.

If your payment has already been processed for the purchase when your order is cancelled, Bon-Vivant Equestrian Import Company will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

If you are not fully satisfied with your purchase, you may return it in accordance with Bon-Vivant Equestrian Import Company's Return Policy.

Permitted Uses; Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the Website at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the Website. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Website. Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sub-license, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Website, or any of its contents, in whole or in part. You are only authorized to visit, view, and retain a copy of pages of the Website for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Website for any commercial purpose, unless specifically authorized by us to do so. You may not use this Site for any commercial purpose, such as to offer sales of merchandise or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.

Term; Termination

We may limit or terminate your use of this Site at any time, for any reason or no reason, in our sole discretion. The provisions relating to Copyrights and Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification and any other provisions which would naturally remain in effect after termination of this Agreement or your rights to access and use the Website, shall survive any termination.

Representations by You; Content that You Provide

By accessing or using the Website, you represent and warrant that (a) you are at least 18 years old and (b) that all materials of any kind submitted by you through the Website or for inclusion on the Website will not plagiarize, violate, or infringe upon the rights of any third party including, without limitation, a third party’s trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or property rights. You further agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit a virus or any other harmful component, or (3) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

Uploaded Logos for Digitizing and/or Embroidery

All logos are trademarks of their respective owners, and this item/product is offered as a convenience for their lawful use only, with proper permission from the copyright or trademark holders.  In other words, we can only receive permission to digitize something from the copyright holder.  For example, if you ask us to embroider the McDonalds® logo onto a saddle pad, we can only receive this request from McDonalds®, or you must prove that you have express permission from McDonalds® to digitize their logo.  You consent that all logos uploaded to this site are in compliance with all Federal and State Laws!  See https://www.copyright.gov/title17/ for more information.  You consent that the logo file you are uploading has your authorization and permission to use the copyrighted logos with the specific consent of the copyright or trademark holder.  Failure toobtain such permission is a violation under law.  In our continuing effort to provide our customers with the best and most efficient service, we are taking this opportunity to clarify the extent of our responsibility for the products/services we sell.

License Granted by You

Some portions of our Website may permit you to upload files, information, photographs or other materials or to make product suggestions. In consideration of your access to this Website, you agree that by providing files, information, photographs or other materials, product ideas, or information to us ("content or materials"), including by submitting or uploading content or materials for use on the Website, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. These rights include, but are not limited to:

1. Reproduce, copy, modify, create derivatives in whole or in part, or otherwise use the content, materials, or ideas, or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature, in any media or embodiment now known or hereafter to become known, including, but not limited to, all formats of computer readable electronic magnetic, digital, laser or optical-based media (the "Works") for any purpose whatsoever, and

2. Use and permit to be used your name, whether in original or modified form, in connection with the Works as we may choose, and

3. Display, perform, exhibit, distribute, transmit or broadcast the Works by any means now known or hereinafter to become known.

By providing content or materials to us, you waive all rights and release and discharge us from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand, or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of any such content or materials. You agree that we may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed, but that we shall have no obligation to do so. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Subject to the terms of our Privacy Policy, any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing products or services.

Copyrights and Trademarks

The entire content of this Website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Bon-Vivant Equestrian Import Co. LLC.  The collective work includes works that are licensed to us. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with the fulfillment provider or purchasing Bon-Vivant Equestrian Import Co. LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with the fulfillment provider or to purchase Bon-Vivant Equestrian Import Co. LLC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website (for example, on any products, as a part of a domain name, or in any advertising or marketing) is strictly prohibited, unless specifically authorized in writing by Bon-Vivant Equestrian Import Co. LLC you further agree not to change or delete any proprietary notices from materials downloaded from the Website.

All trademarks, service marks and trade names of Bon-Vivant Equestrian Import Co. LLC used on the Website, (including but not limited to Bon-Vivant Equestrian Import Co. LLC.'s names and logos, the Bon-Vivant Equestrian Import Co. LLC. names and logos,  are trademarks or registered trademarks of Bon-Vivant Equestrian Import Co. LLC . Any copying, distributing, displaying or other use the Bon-Vivant Equestrian Import Co. LLC Marks (for example, on any products, as a part of a domain name, or in any advertising or marketing) strictly prohibited, unless specifically authorized in writing by Bon-Vivant Equestrian Import Co. LLC.

Third-Party Links

This Site may link to Websites operated by third parties. However, even if the third party is affiliated with Bon-Vivant Equestrian Import Co. LLC., Bon-Vivant Equestrian Import Co. LLC has no control over these linked Websites, all of which have separate terms and conditions of use and/ or privacy and data collection practices independent of Bon-Vivant Equestrian Import Co. LLC. These linked Websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Bon-Vivant Equestrian Import Co. LLC seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for Websites it links to as well (including if a specific link does not work).

Privacy Policy

Your privacy is critically important to us. Please view our Privacy Policy Here:  https://store.bonvivantequine.com/privacy-policy/

 

Complete Agreement

These Terms of Use (including our Privacy Policy) constitute the entire agreement between you and us with respect to the Website and supersedes all prior or contemporaneous communications and proposals between you and us with respect to the Website. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.