In these Terms and Conditions:
“Seller”, “us”, and “we” refer to the owner of this website, Barsha Bros, a registered corporation in the USA.
“Buyer”, “you”, and “your” refer to the purchaser of the goods from us;
“Goods” means the goods specified in the Seller’s invoice;
“Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods, which incorporates these Terms & Conditions;
“Terms” means these terms and conditions;
“Site” means the BarshaBros.com website.
PURCHASING GOODS ONLINE
To make purchases through the site, the buyer will be requested to register and provide personal details. In particular, buyers must provide their real name, phone number, e-mail address, and other requested information as indicated.
When ordering items, the buyer will be required to provide payment details. You represent and warrant that the payment details you provide on ordering are both valid and correct, and you confirm that you are the person referred to in the billing information provided.
When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies, and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in these terms.
All orders are subject to acceptance and availability.
Any error in the ordering process due to technical or other reasons beyond the seller’s control entitles us not to treat the order as being binding on us.
Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale. The site displays products, which form its collection. They are normally products that are in stock and available for dispatch; however, on occasion, certain products in high demand may sell out quickly. Should this be the case, you can contact our customer care department at email@example.com, who will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment.
Once a choice has been made and the order has been placed, the buyer will receive an email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the buyer cancels the order in accordance with the seller’s Cancellation Policy, acceptance of the order and completion of the contract between buyer and seller will be perfected when we dispatch the goods to you.
The sale contract is therefore concluded in the USA, and the language of the contract is English. The contract will be subject to these terms and conditions and governed by US law, and the buyer agrees to submit to the non-exclusive jurisdiction of the United States Courts in respect of any dispute that may arise under it.
The seller reserves the right not to accept the buyer’s order in the event, for example, that we are unable to obtain authorization for payment or that the item ordered is out of stock.
Prices shown on the site are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. The price of a product displayed on the site at the time the order is accepted will be honored.
If the buyer is from outside of the United States, the buyer may also incur duties levied by the jurisdiction to which you have specified delivery. Internationalshipments may be subject to import duties and taxes upon arrival in the destination country. These duties and taxes are the responsibility of the customer. Furthermore, a buyer from outside the U.S. may also be subject to higher postage and packaging costs. The seller reserves the right to request additional shipping fees prior to the Goods being dispatched and to not accept the order should the buyer not fulfill the seller’s requests to pay additional postage and packaging fees.
Payment for Goods and for the cost of packaging and delivery, where applicable, must be made before the Goods are dispatched.
Payment can be made by Visa, Master Card, Discover. In all cases, delivery will not occur until we are satisfied that the payment has cleared.
If the issuer of the buyer’s payment card refuses to authorize payment to the seller, we will not be liable for any delay or non-delivery.
All credit card transactions on this site are processed using a secure online payment platform that encrypts your card and/or banking details in a secure host environment. The seller does not hold any credit card details on our site or in our customer database.
The seller will give the buyer an estimated delivery date for the goods, but no such estimated times or dates provided by us are guaranteed.
The seller will arrange for packing according to the method of delivery chosen by the buyer during the checkout process. Responsibility for the purchased goods passes to the buyer at the time the carrier takes possession of the goods.
Carriers do not provide delivery service to PO Boxes.
The buyer must check the goods immediately upon delivery and contact the seller if there are any problems with the goods. The buyer must notify the seller within 24 hours of delivery to ensure prompt attention, as completed orders are filed away daily.
In the case that the goods have been damaged in transit, the buyer must keep all packaging, as this may be required when making a claim.
Please note, a signature upon delivery is required for all orders. Must be 21 or over.
The seller will not be liable for any loss, damages, or penalty resulting from delay in delivery of the goods when such delay is due to causes beyond the reasonable control of the seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.
CANCELLATION, RETURN & EXCHANGE
The seller’s primary objective is to ensure the buyer is fully satisfied with their purchase. If the item purchased is malfunctioning or defective in any way upon arrival, we are happy to assist in troubleshooting and providing the necessary replacement parts to get your unit functioning as intended. No refunds/exchanges will be issued for an item that has been opened and/or used.
In order to qualify for exchange/store credit, the goods or packaging may not have been used or damaged, and the goods must be returned in their original packaging, and accompanied by all items comprising the product. To initiate a return or exchange for a sealed/unopened item, contact our customer care department at firstname.lastname@example.org.
In the event of a return or exchange, the buyer must return the goods to us at their own cost. Otherwise, no store credit/exchanges/returns will be accepted under any circumstances.
To help with the return of your order, you must obtain a Merchandise Return number (MR) by emailing email@example.com within the cancellation period.
OPT-IN OPT-OUT POLICY
Users of this site may access, amend, or delete any data filled in on the registration form at any time; either in writing or via email at firstname.lastname@example.org. The seller may, from time to time, contact you by email with information on new products, special discounts, or other information we believe may be of interest to you. Any email we send you will contain an easy unsubscribe link from all future mail shots.
The website is accessed and used at your own risk. Although reasonable efforts have been made to ensure that all details on the website are current and contain no inaccuracies or errors, no guarantees are made that the website’s content will be error-free, accurate, and current at all times. We shall not be responsible for any errors or omissions, or for the results obtained from the use of this information.
By using this site, you agree to indemnify, defend, and hold harmless Barsha Bros, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal courts located in the United States, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
MODIFICATION OF TERMS
We reserve the right to modify these terms and conditions at any time without notice. The user is responsible for regularly reviewing these terms and conditions to be informed of any changes. Continued use of the site constitutes the user’s acceptance of any changes.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
To the extent permitted by law, Barsha Bros shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
The use or inability to use the website, products, or services;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the website, products, or services; or
Any other matter relating to the website, products, or services.
Barsha Bros makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. Barsha Bros does not warrant that the site, its servers, or email sent from Barsha Bros are free of viruses or other harmful components.
The website may contain links to third-party websites or resources. You acknowledge and agree that Barsha Bros is not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by Barsha Bros of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
By using this website, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site. Barsha Bros does not knowingly collect, either online or offline, personal information from persons under the age of majority. The sale of tobacco and other smoking-related products to minors is prohibited by law in many jurisdictions. By purchasing from Barsha Bros, you represent and warrant that you are of legal smoking age in your jurisdiction.
PRODUCT USE AND SAFETY
Barsha Bros may, in its sole discretion, terminate your access to the website and related services or any part thereof at any time, without notice, for any reason,including but not limited to a breach of these Terms and Conditions. Barsha Bros shall not be liable to you or any third party for any termination of your access to the website or related services.
No waiver of any provision of these Terms and Conditions by Barsha Bros shall be deemed a further or continuing waiver of such provision or any other provision, and Barsha Bros’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If you have any questions, concerns, or comments about our Terms and Conditions, you may contact us using the information below: