These “Commercial Terms” apply to our commercial transactions with you, including your purchase of any product from us, and any use of any Gift Card or use of promotional awards (each of which we refer to as a “Commercial Transaction”). You should carefully read through these Commercial Terms to understand your rights and responsibilities, as these Commercial Terms constitute a part of the contract between you and BKS. If you do not agree to the Commercial Terms, then you can decide not to complete a Commercial Transaction. These Commercial Terms are incorporated within, and form a part of, our Terms of Service.
The pricing for all products available via the Site are in United States dollars and exclude taxes and shipping costs. We strive to ensure all pricing information is correct. If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product. We may change the price of any product from time to time, and we reserve the right to decrease or increase listed prices without notice.
You may only place an order for products offered for sale on our Site for personal use, and no Customer is permitted to purchase products to resell to others. BKS reserves the right, in its sole discretion, to not process or to cancel any accepted order, or to limit quantities, for any or no reason. Additionally, Orders may be cancelled, in part or in whole, dependent on review by the Brand Partner(s) responsible for fulfillment of the order. This may cause the cancellation of orders somewhat frequently.
Charitable Beneficiaries listed on the Site will receive $5, split evenly, for each item purchase valued greater than $50 made on the Site. Additionally, the Site allows for donations to be made directly to any of the listed Charitable Beneficiaries. We may change the terms of giving from time to time, and we reserve the right to adjust listed terms without notice. Any giving will be made through BKS and will not be tax deductible to you. BKS reserves the right to deduct applicable processing and transfer fees in remittance to Charitable Beneficiaries.
BKS accepts certain debit and credit cards and may elect to accept other forms of payment (such as Gift Cards) and electronic transfers, for payment of products purchased from the Site (each, an “Accepted Payment Method”), subject to the procedures and rules contained in these Terms and any applicable contract with the provider of the Accepted Payment Method. Accepted Payment Methods may vary from time to time and by country or by certain products of the Site. For most orders, you will not be charged until your order is shipped to you. If an order contains items from multiple vendors, you will typically be charged for the entire order when the first shipment is dispatched. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes described as being applicable to the product you are buying. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis. You agree to pay the charges for the product in the currency specified by BKS(or any payment processor from which you may purchase the product) when you enter into the Commercial Transaction, and you assume all risks associated with any changing value in the currency compared with other currencies.
When you purchase a product from us and enter a form of payment, you agree that: (i) any payment information you provide is true and accurate; (ii) you are authorized to use the payment method you provide; (iii) we have permission to retain the payment information and method, including all submitted debit and credit card information and other Customer Information, submitted by you and/or your issuing bank or the applicable payment network; and (iv) we have the irrevocable permission to share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) information regarding your purchase and your submitted payment information in order to process your payment, and to grant such firm(s) (and/or one of their respective financial service providers) the rights to collect, use, retain, and disclose such data and information. Please note that your obligation for payment to, and relationship with, such a third party payment processor is a contractual matter between you and such third-party; BKS is not a party to, or responsible on account of, such contract. While we select our payment processors carefully and enter into detailed agreements imposing performance obligations (including confidentiality) on them, we cannot and do not guarantee their performance. We encourage you to provide any feedback regarding any payment processor with which you do business to us, as we value and use your input in determining whether to continue or end such relationships. If you have any concerns or problems with a payment processor, please contact us at firstname.lastname@example.org as promptly as you can.
CHANGES TO PAYMENT METHODS AND ACCOUNT INFORMATION
You are responsible for ensuring that your Customer Information, including all payment information (address, debit or credit card number and expiration date), is accurate and up to date. You may change this information at any time by logging into your account through the BKS website, accessing your account page and making the changes or by contacting email@example.com. If you have any difficulty making any change to the payment method, you must notify us by contacting firstname.lastname@example.org and demonstrating to our satisfaction your authority to change the payment method used for the Site.
You agree that you are responsible for determining any applicable taxes that you may owe as a result of your Marketplace purchase. You agree (a) that BKS has no responsibility to collect, report or remit any applicable taxes in connection with your purchase, and (b) to fully indemnify and hold harmless BKS and its affiliates and their respective officers, directors, employees and agents for any claims, liabilities, losses, fines, costs and expenses (including reasonable attorneys' fees) arising out of or related to any ruling by any governmental authority that BKS or you have a tax remittance or reporting obligation in any state on account of your purchase of Products through the Site, whether or not due to any action or inaction by BKS. Without limiting the generality of the foregoing, BKS may automatically charge sales tax with respect to any products shipped to certain states in the United States and its territories, as determined by BKS in its sole discretion. Such amounts shall be remitted by BKS to the state from amounts received by BKS from customers.
BKS does not charge shipping costs on purchases. Shipment of the products you purchase on the Site are made by the Brand Partner(s) and not BKS. You agree that BKS has no obligation to ship any product you purchase in the Site. You agree that BKS may provide the Brand Partner(s) your shipping address for shipment of the products you purchase. All shipping is at the discretion of the Brand Partner(s) and BKS is not responsible for the determination of shipping method. As such BKS cannot guarantee a timeframe for delivery.
BKS will provide tracking information for shipments as provided by the Brand Partners. An order with items from multiple Brand Partners will be shipped separately and will receive separate tracking information.
BKS does not offer Exchanges, Returns, or Refunds of any kind on any items offered for sale on our site. All sales are final. By placing an order you agree to pay for the goods listed and understand that no refund, replacement or compensation can be claimed.