Effective as of April 2015
Welcome to www.bandier.com "the Site". When you purchase from the Site, we collect your name, billing and shipping addresses, phone number, e-mail address, and credit card information. You provide this information so we can process and ship your order. We appreciate your business and are committed to protect your personal information as we would our own. We respect your privacy by not selling or sharing this information.We encourage you to sign-up for our emailing list so you can receive advanced notice of store sales, new merchandise, and other store-related events. But, of course, you have the freedom to add or remove your name from our list at any time.
The information we collect
This notice applies to all information collected or submitted on the Site. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:
Credit/Debit Card Information
On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of personal information collected are:
The way we use information
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We offer gift certificates by which you can personalize a product you order for another person. Information you provide to us to create a gift certificate is only used for that purpose, and it is only disclosed to the person receiving the gift.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register with our website if you would like to receive our mailing list as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form or check the appropriate box when placing an order.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our commitment to data security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our commitment to childrens privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How you can access or correct your information
You can access all your personally identifiable information that we collect online and maintain by visiting the My Account section of our website. You may log in to your account and view or modify your saved information. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Except as otherwise noted herein, these terms and conditions govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. BANDIER reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. BANDIER provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is BANDIER property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of BANDIER. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. BANDIER specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol
Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner
Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another
Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
Attempting to interfere in any way with the Site's or BANDIER’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
Limits on purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of BANDIER merchandise.
Violations of system or network security may result in civil or criminal liability. BANDIER will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Accessing data not intended for you or logging on to a BANDIER server or account, which you are not authorized to access
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Please refer to the International Orders page on the Site for more information. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.
Product and pricing information
Although BANDIER has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and BANDIER cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. BANDIER is not responsible for typographical errors regarding price or any other matter.
BANDIER is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The BANDIER logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "BANIDER Intellectual Property") are owned by BANDIER and may be registered in the United States and internationally. You agree not to display or use the BANDIER Intellectual Property in any manner without BANDIER’s prior permission. Nothing on the Site should be construed to grant any license or right to use any BANDIER Intellectual Property without the prior written consent of BANDIER.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by BANIDER. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, selection and arrangements is protected by law including, but not limited to, copyright law.
Any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively "User Content") that you submit or post on the Site shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to BANDIER and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever. BANDIER will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. BANDIER shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. BANIDER retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold BANDIER and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Disclaimers and limitation of liability
BANDIER publishes information on its Site as a convenience to its visitors. While BANDIER attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The BANDIER products described in the Site may not be available in your region. BANDIER does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." BANDIER DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANDIER DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BANDIER MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
BANDIER makes no warranties of any kind regarding any non-BANDIER sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and BANDIER makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-BANDIER sites. BANDIER does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL BANDIER, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF BANDIER OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold BANDIER, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with BANDIER shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any BANDIER Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
These Terms constitute the entire agreement between you and BANDIER and govern your use of the Site, and they supersede any prior agreements between you and BANDIER. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. BANDIER may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in BANDIER's sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between BANDIER and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to BANDIER or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of BANDIER to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York.
You may not assign the Terms or any of your rights or obligations under the Terms without BANDIER's express written consent. The Terms inure to the benefit of BANDIER's successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.