Terms of Use

 

TERMS AND CONDITIONS

Information contained on this website is for your information and personal use. We reserve the right to change or amend it at any time without notice.

The prices listed are exclusive of all sales, use, excise or other taxes. Biff the Dog reserves the right, at any time, to change its prices for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you. Purchaser is responsible for paying all state sales tax in accordance with local regulations.

Our website contains material which is licensed to Biff the Dog and which is prohibited from being reproduced in any form. This includes, but is not limited to, our design, logo and photographs.

To insure your Security and Privacy and to protect your transactions Biff the Dog adheres to technology by encrypting your name, address and credit card information.

Biff the Dog will occasionally send our customers promotions. If you wish to “opt out” of this service please contact us and request that your name be removed.

Consent To Collection, Use & Disclosure of Your Personal Information: As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our website, register, and make purchases. As a condition of registering with our website or making any purchases or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

While Biff the Dog takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall Biff the Dog be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Biff the Dog was given actual or constructive notice that damages were possible.

Delivery/Returns: Biff the Dog will pre-pay the freight and bill Purchaser for shipping and handling charges. Purchaser will choose carrier and standard of delivery. No goods shall be returned for credit or replacement without prior RMA authorization by Biff the Dog All goods returned without such prior authorization will not be accepted by Biff the Dog.

Terms of Payment: Payment is due upon placement of order. Payment method will be credit card. Seller may pursue any legal or equitable remedies, in which event Seller shall be entitled to reimbursement for costs of collection and reasonable attorney fees in the case of non-payment. There shall be no time limit as to when Seller shall pursue any legal or equitable remedies. Reasonable annual costs of collection and attorney fees shall be defined as the maximum allowable by law.

Disclaimer of Warranties and Limitation of Liability: Biff the Dog shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person’s negligence or otherwise in connection with the safe, delivery or use of the products pursuant to this Agreement. Purchaser shall indemnify and hold harmless Biff the Dog against further liability. Without limiting the generality of the foregoing, Biff the Dog shall in no event be liable for lost profits arising out of, or in connection with, this Agreement. Neither Biff the Dog nor purchaser shall be liable for delay in the performance of any of its obligations under this Agreement arising out of causes beyond its control, including but not limited to acts of nature, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather. Except as expressly stated herein, Biff the Dog expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by the Biff the Dog site, including, but not limited to, the implied warranties and/or conditions of marketability and fitness for a particular purpose, suitability, non-infringement, or correspondence to description.

General Provisions and Governing Law: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither this Agreement nor any variation or modification of this Agreement or waiver of any of the terms or provisions hereof shall be deemed valid nor binding upon Biff the Dog unless in writing, signed by an officer of Biff the Dog and delivered by Biff the Dog to Purchaser. Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term. This Agreement shall be construed and enforced in accordance with the procedural and substantive Laws of the State of California, United States of America (with the exception of the conflicts of laws provisions of such state), and both parties agree that the federal and state courts located in California shall have jurisdiction over any matter arising in connection with this Agreement, and hereby submit to such jurisdiction, further, the parties agree that venue for any matter arising in connection with this shall properly lay in the County of Marin, California.

Notification: Notices under this Agreement shall be in writing and forwarded registered or certified mail, postage prepaid. Notices to Biff the Dog shall be addressed to Biff the Dog, 13 Narragansett Cove, San Rafael, CA 94901. Notices to Purchaser shall be sent to the Purchaser at the address provided to Biff the Dog at the point of sale.

Biff...the Dog® is a registered trademark. All Rights Reserved. Any reproduction of the contents of this website without BIFF THE DOG, LLC’s consent is prohibited.

© 1989, 2018 BIFF THE DOG, LLC.

(last updated 11/15/18)