Mismatch®: Legal Information

	GENERAL and LEGAL INFORMATION
	ABOUT US \| SHOP DIRECT \| RETAILERS \| CONTACT US \| LEGAL \| LICENSING GENERAL: This site is created and controlled by B and B Ventures, Inc. in the United State of New York. As such, the State of New York shall govern these disclaimers and conditions, without giving effect to any principles of conflicts of laws. The right to make changes at any time to this site, the conditions, and disclaimers is reserved by B and B Ventures, Incorporated. COPYRIGHT NOTICE / TRADEMARKS / PATENTS: This web site and all its content is copyright of B and B Ventures, Inc. © B and B Ventures, Inc. 2009. Protected by U.S. copyright laws. All rights reserved. The content and software on this site is to be used as a shopping and/or information resource. Any other use, including the reproduction, modification, redistribution, transmission, republication, display, performance, of part or all of the content of this site in any form is strictly prohibited. All other trademarks, logos, graphics and service names are the property of their respective companies. PRIVACY POLICY: Thank you for visiting B and B Ventures, Inc. and our MisMatch® web pages. This privacy policy tells you how we use personal information collected at B and B Ventures, Inc.. Please read this privacy policy before using the site or submitting any personal information. By using B and B Ventures, Inc., you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used. Note: the privacy practices set forth in this privacy policy is for B and B Ventures, Inc. only. If you link to other web sites, please review the privacy policies posted at those sites. Collection of Information: We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request or order. This information is only used to fulfill your specific request or order, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists or contests. Cookie/Tracking Technology: B and B Ventures, Inc. may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties. Some of B and B Ventures, Inc.’s business partners use cookies on our site (for example, advertisers). However, B and B Ventures, Inc. has no access to or control over these cookies, once we have given permission for them to set cookies for advertising. You can choose not to accept cookies by modifying your browser settings. At any time, you may remove any cookie stored on your hard drive by deleting them in your browser’s settings section. Distribution of Information: We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes. Commitment to Data Security: Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. Privacy Contact Information If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below: By e-mail: sales@bbventures.com We reserve the right to make changes to this policy. Any changes to this policy will be posted. DISCLAIMER: B and B Ventures, Inc. provides this site on an "AS IS" basis and makes no warranty or representation, express or implied, including the warranties of merchantability and fitness for a particular purpose. B and B Ventures, Inc., or its affiliates, their respective officers, directors, employees and representatives will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages. WEB LINKS: Links to third party sites let you the visitor leave our web pages and this site. Visitors are deemed to acknowledge that B and B Ventures, Inc. has no control and hereby disclaims responsibility for any information contained in any other web pages and/or site(s) accessed through hyperlinks. B and B Ventures, Inc. accepts no liability for any direct, indirect, consequential or other losses or damages of whatever kind arising from using any hyperlink. Please be aware that B and B Ventures, Inc. is not responsible for the privacy practices of such other sites. TERMS AND CONDITIONS OF SALE 1. Controlling Provisions: Sale of any products or services by Seller is expressly conditioned upon Buyer's acceptance of these terms and conditions of sale which supersede and replace all other terms proposed by Buyer to the extent a conflict exists. Any additional or different terms proposed by Buyer are objected to and not binding upon Seller unless specifically agreed to in writing by Seller. NOTE: All orders are subject to acceptance by the Seller, B and B Ventures, Inc.. 2. Prices: Seller's prices are subject to change without notice. Seller reserves the right to increase prices up to and including time of delivery. 3. Payment: Payment terms are net 30 days for partial or complete shipments for Buyers who have an account with Seller and have received credit approval from Seller's credit department. All other payment terms are to be in advance or upon receipt. All orders require a deposit or retainer fee. ALL DEPOSITS AND RETAINER FEES ARE NON-REFUNDABLE. Only Buyers who have established a credit line with the Seller will receive the payment terms of net 30 days for the balance due. Seller reserves the right to charge interest at the highest applicable legal rate on any unpaid balance of the price which is not paid on time. Buyer hereby agrees to pay all reasonable costs, disbursements, and attorney's fees actually incurred by Seller to collect any portion of the unpaid balance. Seller also reserves a security interest in any products for which the purchase price is not fully paid. Buyer will execute a financing statement, security agreement, or any other documents requested by Seller in connection therewith. 4. Taxes: The gross amount of any sales, property, excise, use, value added, or other similar tax applicable to the price, sale, or use or delivery of any products or services furnished by Seller will, at Seller's option, either be added to the price or be paid directly by Buyer unless, prior to shipment, Buyer provides Seller with a tax exemption certificate acceptable to the taxing authorities. Direct purchases through Seller's web site from New York State will be charged sales tax on purchase(s) and shipping fees as per New York State Sales Tax laws. Clothing items purchased as a package or include embellishments are subject to all sales taxes. If an error occurs calculating the correct sales tax due to possible software deficiencies, client has up to 30 days after receiving delivery to notify Seller for a refund of the overpaid tax through PayPal. After 30 days clients can obtain refunds of the overpaid tax through New York State where all collected sales taxes are paid. 5. Transportation & Handling: All shipments routed by Seller to any destination in the Unites States will be sent Freight pre-paid, but a transportation charge and also a handling charge will be added to invoice. Routing of shipments will be selected by Seller. Seller will not ship in any special manner or insure shipments against loss or damage unless so requested in writing by Buyer and then, at Buyer's expense. 6. Risk or Loss: Seller's risk of loss, including the responsibility for safe delivery, ceases when the transportation company receives shipment in good condition. Claims for losses or damage incurred during transit should be reported directly to the carrier immediately upon receipt of shipment. Seller assumes no responsibility for collection of a loss claim. 7. Delivery: Delivery dates that are furnished by Seller are estimated only and Seller assumes no responsibility for failure to deliver on or about such dates. Seller will not be liable for failure or delay in performance due to: a.) acts of God, acts of Buyer, acts of civil or military authorities, governmental regulations or priorities, software defects, virus problems, Hardware or Software problems at the Server companies providing service to the Seller, strikes, or other labor disturbances, fines, riots, wars, or natural disasters including epidemics, storms, droughts, floods, earthquakes or transportation delays. b.) inability of Seller to obtain necessary materials, components, services, or facilities, or c.) without limiting the foregoing, any causes beyond Seller's reasonable control. 8. Returns: Merchandise is not returnable without written consent of Seller. Request for permission to return must be made within 15 days after receipt of shipment. Seller will assign an authorized number for approved returns which must appear on both the Customer's shipping container and the related debit memo. Only current items in original cartons are subject to return. All unauthorized returns will be sent back to the Customer at her or his expense. Return shipment must be prepaid and shipped in accordance with instructions set forth on the return authorization form included in each shipping box. 9. Warranties/Disclaimers: A) Products manufactured by Seller: Seller's products are made from quality materials and are manufactured to exacting specifications. Seller is not responsible for any minor product or color variations, imperfections, discrepancies or other inconsistencies. The warranties and remedies set forth herein do not apply to: i) products, advice, assistance, or service or services which Seller furnishes to Buyer for payment, as a business courtesy, or otherwise. ii) any products or parts thereof which have been subjected to misuse (including but not limited to any violation of Seller's instructions), neglect (including but not limited to improper maintenance), improper storage or incorrect installation. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND THERE ARE NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD HEREUNDER, WHETHER AS TO MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. B) Products not manufactured by Seller: Warranty or warranties obtaining to products manufactured by a person, company, entity or other organization other than Seller include solely those warranties or warranty provided by manufacturer or manufacturers of said products. 10. Limitations of Liability: a) Seller will not under any circumstances, whether as a result of breach of contract, breach of warranty, tort or otherwise be liable for consequential, incidental, special or exemplary damages including , but not limited to loss of profits or revenues, loss of use of or damage to any associated equipment, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of Buyer's customers. b) SELLER'S LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF, RESULTING FROM, OR CONCERNING ANY ASPECT OF THIS AGREEMENT OR FROM THE PRODUCTS OR SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE PRICE OF THE SPECIFIC PRODUCT OR SHIPMENT WHICH GIVES RISE TO THE CLAIM c) Seller will not be subjected to any liability, whether in contract, warranty, tort, or otherwise on any claim for less or damage concerning products, parts, advice, assistance, or service which Seller furnishes to Buyer as a business courtesy, but are not required.
	We are the original MISMATCH® Company. Since 1984 we have been creating products that inspire creative thought and provide comfort. We sacrifice profit for quality... quite the opposite of most manufacturers today... but for us, it's not a sacrifice, it is a commitment to our customers and to our trademark. *Mismatch® is a registered trademark of B and B Ventures, Inc.*
	ABOUT US \| SHOP DIRECT \| RETAILERS \| CONTACT US \| LICENSING

	GENERAL and LEGAL INFORMATION
	ABOUT US \| SHOP DIRECT \| RETAILERS \| CONTACT US \| LEGAL \| LICENSING GENERAL: This site is created and controlled by B and B Ventures, Inc. in the United State of New York. As such, the State of New York shall govern these disclaimers and conditions, without giving effect to any principles of conflicts of laws. The right to make changes at any time to this site, the conditions, and disclaimers is reserved by B and B Ventures, Incorporated. COPYRIGHT NOTICE / TRADEMARKS / PATENTS: This web site and all its content is copyright of B and B Ventures, Inc. © B and B Ventures, Inc. 2009. Protected by U.S. copyright laws. All rights reserved. The content and software on this site is to be used as a shopping and/or information resource. Any other use, including the reproduction, modification, redistribution, transmission, republication, display, performance, of part or all of the content of this site in any form is strictly prohibited. All other trademarks, logos, graphics and service names are the property of their respective companies. PRIVACY POLICY: Thank you for visiting B and B Ventures, Inc. and our MisMatch® web pages. This privacy policy tells you how we use personal information collected at B and B Ventures, Inc.. Please read this privacy policy before using the site or submitting any personal information. By using B and B Ventures, Inc., you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used. Note: the privacy practices set forth in this privacy policy is for B and B Ventures, Inc. only. If you link to other web sites, please review the privacy policies posted at those sites. Collection of Information: We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request or order. This information is only used to fulfill your specific request or order, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists or contests. Cookie/Tracking Technology: B and B Ventures, Inc. may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties. Some of B and B Ventures, Inc.’s business partners use cookies on our site (for example, advertisers). However, B and B Ventures, Inc. has no access to or control over these cookies, once we have given permission for them to set cookies for advertising. You can choose not to accept cookies by modifying your browser settings. At any time, you may remove any cookie stored on your hard drive by deleting them in your browser’s settings section. Distribution of Information: We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes. Commitment to Data Security: Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. Privacy Contact Information If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below: By e-mail: sales@bbventures.com We reserve the right to make changes to this policy. Any changes to this policy will be posted. DISCLAIMER: B and B Ventures, Inc. provides this site on an "AS IS" basis and makes no warranty or representation, express or implied, including the warranties of merchantability and fitness for a particular purpose. B and B Ventures, Inc., or its affiliates, their respective officers, directors, employees and representatives will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages. WEB LINKS: Links to third party sites let you the visitor leave our web pages and this site. Visitors are deemed to acknowledge that B and B Ventures, Inc. has no control and hereby disclaims responsibility for any information contained in any other web pages and/or site(s) accessed through hyperlinks. B and B Ventures, Inc. accepts no liability for any direct, indirect, consequential or other losses or damages of whatever kind arising from using any hyperlink. Please be aware that B and B Ventures, Inc. is not responsible for the privacy practices of such other sites. TERMS AND CONDITIONS OF SALE 1. Controlling Provisions: Sale of any products or services by Seller is expressly conditioned upon Buyer's acceptance of these terms and conditions of sale which supersede and replace all other terms proposed by Buyer to the extent a conflict exists. Any additional or different terms proposed by Buyer are objected to and not binding upon Seller unless specifically agreed to in writing by Seller. NOTE: All orders are subject to acceptance by the Seller, B and B Ventures, Inc.. 2. Prices: Seller's prices are subject to change without notice. Seller reserves the right to increase prices up to and including time of delivery. 3. Payment: Payment terms are net 30 days for partial or complete shipments for Buyers who have an account with Seller and have received credit approval from Seller's credit department. All other payment terms are to be in advance or upon receipt. All orders require a deposit or retainer fee. ALL DEPOSITS AND RETAINER FEES ARE NON-REFUNDABLE. Only Buyers who have established a credit line with the Seller will receive the payment terms of net 30 days for the balance due. Seller reserves the right to charge interest at the highest applicable legal rate on any unpaid balance of the price which is not paid on time. Buyer hereby agrees to pay all reasonable costs, disbursements, and attorney's fees actually incurred by Seller to collect any portion of the unpaid balance. Seller also reserves a security interest in any products for which the purchase price is not fully paid. Buyer will execute a financing statement, security agreement, or any other documents requested by Seller in connection therewith. 4. Taxes: The gross amount of any sales, property, excise, use, value added, or other similar tax applicable to the price, sale, or use or delivery of any products or services furnished by Seller will, at Seller's option, either be added to the price or be paid directly by Buyer unless, prior to shipment, Buyer provides Seller with a tax exemption certificate acceptable to the taxing authorities. Direct purchases through Seller's web site from New York State will be charged sales tax on purchase(s) and shipping fees as per New York State Sales Tax laws. Clothing items purchased as a package or include embellishments are subject to all sales taxes. If an error occurs calculating the correct sales tax due to possible software deficiencies, client has up to 30 days after receiving delivery to notify Seller for a refund of the overpaid tax through PayPal. After 30 days clients can obtain refunds of the overpaid tax through New York State where all collected sales taxes are paid. 5. Transportation & Handling: All shipments routed by Seller to any destination in the Unites States will be sent Freight pre-paid, but a transportation charge and also a handling charge will be added to invoice. Routing of shipments will be selected by Seller. Seller will not ship in any special manner or insure shipments against loss or damage unless so requested in writing by Buyer and then, at Buyer's expense. 6. Risk or Loss: Seller's risk of loss, including the responsibility for safe delivery, ceases when the transportation company receives shipment in good condition. Claims for losses or damage incurred during transit should be reported directly to the carrier immediately upon receipt of shipment. Seller assumes no responsibility for collection of a loss claim. 7. Delivery: Delivery dates that are furnished by Seller are estimated only and Seller assumes no responsibility for failure to deliver on or about such dates. Seller will not be liable for failure or delay in performance due to: a.) acts of God, acts of Buyer, acts of civil or military authorities, governmental regulations or priorities, software defects, virus problems, Hardware or Software problems at the Server companies providing service to the Seller, strikes, or other labor disturbances, fines, riots, wars, or natural disasters including epidemics, storms, droughts, floods, earthquakes or transportation delays. b.) inability of Seller to obtain necessary materials, components, services, or facilities, or c.) without limiting the foregoing, any causes beyond Seller's reasonable control. 8. Returns: Merchandise is not returnable without written consent of Seller. Request for permission to return must be made within 15 days after receipt of shipment. Seller will assign an authorized number for approved returns which must appear on both the Customer's shipping container and the related debit memo. Only current items in original cartons are subject to return. All unauthorized returns will be sent back to the Customer at her or his expense. Return shipment must be prepaid and shipped in accordance with instructions set forth on the return authorization form included in each shipping box. 9. Warranties/Disclaimers: A) Products manufactured by Seller: Seller's products are made from quality materials and are manufactured to exacting specifications. Seller is not responsible for any minor product or color variations, imperfections, discrepancies or other inconsistencies. The warranties and remedies set forth herein do not apply to: i) products, advice, assistance, or service or services which Seller furnishes to Buyer for payment, as a business courtesy, or otherwise. ii) any products or parts thereof which have been subjected to misuse (including but not limited to any violation of Seller's instructions), neglect (including but not limited to improper maintenance), improper storage or incorrect installation. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND THERE ARE NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD HEREUNDER, WHETHER AS TO MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. B) Products not manufactured by Seller: Warranty or warranties obtaining to products manufactured by a person, company, entity or other organization other than Seller include solely those warranties or warranty provided by manufacturer or manufacturers of said products. 10. Limitations of Liability: a) Seller will not under any circumstances, whether as a result of breach of contract, breach of warranty, tort or otherwise be liable for consequential, incidental, special or exemplary damages including , but not limited to loss of profits or revenues, loss of use of or damage to any associated equipment, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of Buyer's customers. b) SELLER'S LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF, RESULTING FROM, OR CONCERNING ANY ASPECT OF THIS AGREEMENT OR FROM THE PRODUCTS OR SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE PRICE OF THE SPECIFIC PRODUCT OR SHIPMENT WHICH GIVES RISE TO THE CLAIM c) Seller will not be subjected to any liability, whether in contract, warranty, tort, or otherwise on any claim for less or damage concerning products, parts, advice, assistance, or service which Seller furnishes to Buyer as a business courtesy, but are not required.
	We are the original MISMATCH® Company. Since 1984 we have been creating products that inspire creative thought and provide comfort. We sacrifice profit for quality... quite the opposite of most manufacturers today... but for us, it's not a sacrifice, it is a commitment to our customers and to our trademark. *Mismatch® is a registered trademark of B and B Ventures, Inc.*
	ABOUT US \| SHOP DIRECT \| RETAILERS \| CONTACT US \| LICENSING