The effective date of this Agreement is January 1, 2009.

By accessing or using any features of the site, including the purchase of products and services on the site located at www.bagshawsslucia.com and operated and managed by Bagshaws of St Lucia Ltd (“Bagshaws” “we” or “us”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of the Bagshaws Site (collectively, “Users”) are bound by these Terms of Service. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use this Web site.

These Terms of Service set out the legally binding terms with respect to your use of the Bagshaws Site. Please read these Terms of Service carefully. Your access to and use of the Bagshaws Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the Bagshaws Site.

Eligibility

The Bagshaws Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Bagshaws Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, or use the Bagshaws Site.

Changes to the Bagshaws Site

You agree and understand that the Bagshaws Site, including any and all features available via the Bagshaws Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Bagshaws Site implemented after your initial access to the Bagshaws Site shall be subject to these Terms of Service. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Bagshaws Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Service, including without limitation, by removing any User Content posted in violation of these Terms of Service, terminating the registration of such violators or blocking such violators’ use of the Bagshaws Site.


IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):

• Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Bagshaws Site, except and to the extent expressly permitted under these Terms of Service:
• Remove any copyright, trademark or other proprietary rights notice contained in or on the Bagshaws Site;
• Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Bagshaws Site;
• Collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
• Reformat or frame any portion of any Web pages that are part of the Bagshaws Site;
• Create user accounts by automated means or under false or fraudulent pretenses;
• Create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Bagshaws Site;
• Submit to the Bagshaws Site any content that falsely states or implies that such content is sponsored or endorsed by us;
• Transmit or upload to the Bagshaws Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Bagshaws Site, any other Web site, or any computer or other device or system, or the enjoyment of the Bagshaws Site by any User;
• Use the Bagshaws Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
• Submit to the Bagshaws Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Bagshaws Site to transfer or store illegal material, including any material deemed threatening or obscene;
• Copy or store any User Content offered on the Bagshaws Site other than for your personal, non-commercial use;
• Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Bagshaws Site or the IT infrastructure used to operate and make the Bagshaws Site available;
• Use the Bagshaws Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
• Collect or store personal data about other Users in connection with the prohibited activities described in this paragraph
• You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Bagshaws Site any User Content that is false, inaccurate, misleading or fraudulent.
• By uploading User Content to the Bagshaws Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) Bagshaws, and our respective contractors, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms and Conditions, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User’s personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you post to the Bagshaws Site.
• The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Bagshaws Site. You may not post any content that
• is patently offensive to users of the Bagshaws Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• promotes illegal activities or conduct that is abusive;
• is threatening, obscene, defamatory or libelous;
• is pornographic or sexually explicit in nature; or
• seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

Bagshaws reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the Bagshaws Site, Bagshaws reserves the right to cancel any orders resulting from such pricing errors.

To properly serve all customers, Bagshaws reserves the right to limit quantities. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. Bagshaws further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.

Bagshaws may display advertising prints for products sold through Bagshaws Site. Bagshaws attempts to display the colors of the products shown on the Bagshaws Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.

Limitation on Liability

IN NO EVENT SHALL BAGSHAWS OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE BAGSHAWS SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE BAGSHAWS SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, BAGSHAWS’ RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE BAGSHAWS SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE BAGSHAWS SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Placing an Order

Bagshaws ships merchandise to all international locations. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. To see Bagshaws shipping and delivery policies in more detail, please see Shipping & Delivery.

You may purchase merchandise from the Bagshaws Site by using any one of the payment options listed in Payment Options. Bagshaws reserves the right to change its payment procedures at any time without prior notice to you.

Bagshaws charges sales tax for merchandise ordered on the Bagshaws Site based on the applicable state sales tax rate and the location to which the order is being shipped.

Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to Bagshaws return policy, available under Returns/Cancellations.

Changes to Terms of Service

We reserve the right to make changes at any time to these terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Bagshaws Site after any modifications indicates your acceptance of the modified Terms of Service.


Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind Bagshaws in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Bagshaws Site. These Terms of Service, which shall be deemed accepted by you upon your use of the Bagshaws Site, constitute the entire agreement among you and Bagshaws regarding use of the Bagshaws Site. Bagshaws’ failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include and incorporate the Privacy Policy for the Bagshaws Site and any notices regarding the Bagshaws Site.

Contact and Violations

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to bagshaws@candw.lc

General Precautions:

Always follow the care direction given with our products.