Terms & Conditions

Please read these Terms & Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.bguniforms.com/ website (the "Service") operated by Magnolia Tuscany LLC., dba: Bguniforms ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.


General Requirements

Use of the Site is limited to entities which are (i) duly organized and validly existing pursuant to the laws in their state or country of incorporation or formation; and (ii) authorized to do business in the state or country in which the products will be ordered from and the state or country to which they will be shipped.


Product Information

Information about products on Our Site is accurate at the time of publication. Some product information is provided to Magnolia Tuscany LLC., dba: Bguniforms, by suppliers and vendors. Typographical errors involving pricing, product weight, shipping, etc. may occur from time to time. Any web images and descriptions of Our products shall be understood to be representations only of said products. Variations in the users’ computer equipment web browser, or other software may affect your ability to view the Site.


Terms of Sale

We have the right to accept or reject any and all orders, regardless of the manner in which the order is made. Magnolia Tuscany LLC., dba: Bguniforms, further reserves the right to limit or deny the use of promotions to customers, including, but not limited to, the right to refuse free shipping and other promotions to unauthorized resellers and unauthorized redistributors. We reserve the right to update these Terms and Conditions (“TAC”) at any time without notice to you. The most current version of the TAC can be reviewed by clicking on the “Terms” hypertext link located at the bottom of our webpages.


Restrictions on the Sale of Specific Products

Magnolia Tuscany LLC., dba: Bguniforms, restricts the sale of selected products such as, but not limited to, embroidered apparel, badges, nameplates, insignia, emblems, and collar pins that identify the holder or wearer as a member of any law enforcement agency or other agency-specific titles. Orders for such products must be shipped to an approved agency address. If shipping to an address other than the approved agency, the department’s letterhead must be provided with a copy of official identification. Placing an order for products that are subject to any legal restrictions, affirms Magnolia Tuscany LLC., dba: Bguniforms, that the purchaser is authorized to make such purchase, and is in compliance with all local, state, and federal laws concerning same. Magnolia Tuscany LLC., dba: Bguniforms, may require verification of employment of any person ordering such items.


Restriction on Purchase of Assisted and Auto-Opening Knives

Federal regulations restrict the sale of automatic knives to anyone other than United States Military, Federal Law Enforcement, Law Enforcement, Fire, Rescue and EMT personnel with acceptance of the “Auto Knife Opening Acknowledgment Form”. Magnolia Tuscany LLC., dba: Bguniforms, complies with various state laws restricting the sale of products to specific states.


Restriction on Purchase or Possession of Body Armor

It is generally against federal law for a person convicted of a violent felony to purchase or possess body armor. In addition, various states have laws restricting the purchase or possession of body armor by persons convicted of certain felonies, other crimes of violence, or drug crimes. Purchasing body armor from Magnolia Tuscany LLC., dba: Bguniforms, acknowledges and certifies that (i) the purchaser has no felony convictions, (ii) and has not been convicted of any other crime that would restrict ability to purchase or possess body armor under any federal or state law, (iii) use of the body armor is not intended for any criminal purpose and (iv) the purchaser is over 18 years old. Magnolia Tuscany LLC., dba: Bguniforms, reserves the right, in sole discretion, to refuse to sell body armor to any person. Additionally, the sale of body armor to residents of Connecticut is restricted to in-person sales, unless the sale is made to certain law enforcement or military personnel.


Your Information


Your information consists of any information You provide to us during the registration and account set-up process (“Your Information”). You represent, warrant and covenant that Your Information is complete and accurate. In the event Your Information changes, You are obligated to provide this information to Magnolia Tuscany LLC., dba: Bguniforms, Sales and/or Customer Service. We may use Your Information consistent with the way We use other customers’ information in general. In addition, We may take any action with respect to Your Information that We deem necessary or appropriate in our sole discretion if We believe it may create liability for either of us.


User Access

If you are provided a user ID and password to access the Site (collectively, “Access ID”). Under no circumstances may You transfer, provide, or disclose Your Access ID to any other entity without the express written consent of We. You are responsible for any activity, authorized or unauthorized, on the Site using Your Access ID including but not limited to products purchased, damage caused, intellectual property infringed, and confidential information acquired by unauthorized third parties, excluding activity with Your Access ID initiated by We. To prevent unauthorized access, You are responsible for immediately altering or requesting We disable or revoke any Access ID in the possession an unauthorized user.


Authorization to Verify Information

Magnolia Tuscany LLC., dba: Bguniforms, reserves the right to (i) verify Your Information and (ii) terminate Your access to and use of the Site temporarily or permanently without cause, notice or liability to You if We, believes in good faith that any of Your Information is inaccurate or incomplete or cannot be verified. We may use a third party to verify Your Information and You agree to hold such party harmless from any liability in connection therewith.


Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Magnolia Tuscany LLC., dba: Bguniforms. Magnolia Tuscany LLC., dba: Bguniforms, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Magnolia Tuscany LLC., dba: Bguniforms, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.


Copyright

You acknowledge that the content, layout, and navigation of the Site, including without limitation text, software, music, sound, photographs, video, graphics or other material contained of the Site (collectively, “Content”) is either owned by Us or licensed from third parties and is protected by U. S. and international copyright, trademark, patent and other applicable laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of We and protected by U.S. and international copyright laws. All software used on the Site is Our property or provided as licensed software and protected by U.S. and international copyright laws. The content and software on the Site may only be used as a shopping resource. This Agreement does not transfer any right, title, or interest in the Site or the Content to You, other than the right to view the Site and Content for the purpose of purchasing products from Us, and You may not copy, display, reproduce, perform, distribute, modify, transmit, republish, or delete any aspect of the Site or Content, or create derivative works therefrom.


Trademarks

Our trademarks may not be used in connection with any product or service that is not Ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits We. Other Trademarks on the Site not belonging to We are the property of their respective owners and /or organizations.


Use of Site

The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Us. We reserve the right to refuse service, terminate accounts, and/or cancel orders at Our discretion, including, without limitation, if We believe that member conduct violates applicable law or is harmful to Our interests. Any attempt by any individual, group, organization, or other entity to reproduce, modify, or otherwise affect or damage the Site, its Contents, customers, technology, or transactions will be construed as a malicious and criminal assault upon the assets and resources of Us and will be vigorously prosecuted to the fullest extent of the law.


Right to Modify or Terminate Site


At any time and for any reason without notice or liability, We may suspend or terminate the operation of the Site or modify any aspect of the Site and this Agreement. Such action will not have any effect on orders already placed through the Site, except that if the Site is suspended or operation has been terminated.


Offers to Buy


We will post electronic product catalogs so members can check Our product pricing, purchase Our products, and verify the status of an order on the Site. The posting of Our catalog or the contents thereof is only an invitation to negotiate with You and shall not be construed as an offer. By clicking on “place order now”, You agree that You are submitting a non-revocable legally binding offer, and that Our acceptance of such offer shall create a legally binding contract between You and Us. Notwithstanding the foregoing, We reserve the right to reject any offer You submit for any reason. Taxes as applicable will be determined upon billing based on final unit price and cost of shipping. In addition, Your order may be delayed or canceled if Your Information is incomplete or inaccurate, in which case, We will have no liability to You. Unless otherwise agreed to in writing by both parties, in the following order of priority, transactions hereunder shall be subject to (i) the terms and conditions contained in this Agreement; and (ii) any duly executed and applicable terms and conditions of purchase and sale between You and Us. To the extent there is a conflict, the terms and conditions of the duly executed and applicable terms and conditions of purchase and sale between You and Us shall govern. Any other terms and conditions, such as but not limited to standard purchase order terms and conditions or any other terms and conditions from You or Your company shall not apply to use of the Site.


Risk of Loss


Shipment of the products You purchase is available at a fee, which will be calculated and disclosed to You prior to shipment. Risk of loss and title for such products pass to You upon our delivery to the carrier.


System Integrity

You may not use any technique, device, software, routine or any other action to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted herein. You may not take any action, which imposes an unreasonable or disproportionately large load on our Site or infrastructure. You may share Your Access ID and details with Your company’s information technology employees if necessary to correct a computer hardware or software problem at Your company; provided that at all times You treat such information with the same degree of care that Your company uses for its similar information. You hereby represent, warrant and covenant that the sole activity You will undertake while using the Site is to purchase Our products for which Your company intends to and has the ability to pay for and for no other purpose. You may not deeplink to Our catalog or bypass security or encryption processes, or download any information on the Site other than this Agreement, except as may automatically occur during the viewing process (e.g. cache) or as required to complete the “Roundtrip”, “OCI” or “Punchout” order process.


Breach

In the event We believe that You are in breach of any of the terms of this Agreement or any policy or procedure set forth on the Site, or that You (or electronic information, viruses and the like coming from Your computers) are adversely affecting the performance or security of the Site or its Contents, or We are unable to verify or authenticate any of Your Information, We may at our sole discretion, without any notice or liability to You and in addition to any remedy We may have at law or equity, (i) issue a warning; and (ii) temporarily suspend or terminate Your use of the Site and any offer You submitted not yet accepted by We.

Limit of Liability: In no event shall we be liable for direct damages in excess of the actual fees paid to us for the particular order giving rise to such liability or for lost profits or any direct, indirect, special, incidental or consequential damages (however arising, including negligence), arising out of or in connection with this agreement and use of the site, even if you advise us of the possibility of incurring such damages in advance. You understand, acknowledge, and agree that use of this site is provided to you as a convenience, that we provides other methods of purchasing products from us, and that this limitation of liability provision represents a fair allocation of risk.


No Warranties
You expressly agree that use of the site is at your sole risk and the site is provided on an “as is” and “as available” basis. We make no representations, covenants or warranties of any kind, express or implied with regard to the use or availability of the site. Additionally, We hereby disclaims and You hereby waive all warranties, including without limitation: The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; That the site or the services will meet your requirements, always be available, accessible, uninterrupted, timely, secure or operate without error; That the information, content, materials, products or prices included on the site will be accurate or available for purchase or sale at the time of desired purchase; Any warranty arising from course of dealing or usage of trade; and Any obligation, liability, right, claim or remedy in tort, whether or not arising FROM THE NEGLIGENCE OF US.

Indemnification
You agree to indemnify and hold Us, our successors, representatives, principals, officers, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Site, any violation of this Agreement or any other policy of We, or any infringement of any intellectual property or other right of any person, by You or any other person using Your User name and password.


Privacy Protection

Please read the notice regarding our Privacy Policy. Direct links are located at the bottom of each page.


Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Please refer back to this page for changes or modifications. Last updated: April 25, 2019. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the these terms, please stop using the Service. If you have any questions about these Terms, please contact us at: 855.364.4556 or send an email to [email protected].