Welcome to www.yardfarmbermuda.com and www.shop.yardfarmbermuda.com (the “Websites”), operated by Yard Farm Bermuda Ltd, a Bermuda based limited liability company (“Sponsor”, “we”, “our”, or “us”). The Website enables visitors (“Visitors”) who are at least eighteen (18) years of age to make purchases. These Terms and Conditions of Use (the “Agreement”) set forth the terms and conditions which govern your use of the Websites. Please read this Agreement carefully before accessing the Websites. By accessing the Websites, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this Agreement, they are not authorized to use these Websites. Sponsor reserves the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications and your continued use of the Websites shall be deemed to be your conclusive acceptance of any modified Agreement. The Sponsor cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any product provided on these websites. You bear sole responsibility for your own research and decisions.
For your convenience you may create an account on these Websites (an “Account”). To protect your Account, you should choose a unique username and password that is not a name, birthday, street address, or other personal commonly known information associated with you. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password. You also agree to provide us with accurate, complete and current information, and to update information provided to us if and when such information should change. We reserve the right to cancel your Account for any reason at any time, in our sole discretion.
By creating an Account with us or by sending e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on these websites. You consent to receive communications from us electronically. Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Commercial Transactions.
2.1 Purchases. Products are offered for sale through the Websites. In the event you wish to purchase any of these products, you will be asked by Sponsor or an authorized third party on Sponsor’s behalf to supply certain personally identifiable information (PII), including without limitation, your full name, address, telephone number and credit card information. You agree to provide Sponsor or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of this Agreement. You shall be responsible for all charges incurred through your account.
2.2 Payment. Your right to purchase products that are available for purchase through the Websites are conditional on our receipt of payment for such products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.
- Disclaimer of Warranties.
3.1 Visitors acknowledge and agree that their use of any product purchased through these websites are at their sole risk. Sponsor expressly disclaims and has no responsibility for how you use the products provided through the websites, and makes no promises, guarantees, predictions of success or any claims to special experience, insight, or expertise in providing the websites. No information obtained from sponsor, whether provided orally or in writing, shall create any express or implied warranty. Sponsor shall have no liability, obligation or responsibility to any person or entity for any loss, damage, injury or adverse consequence alleged to have happened directly or indirectly as a consequence of using the products sold on these websites.
3.2 Sponsor makes no guaranty of continuous, uninterrupted or secure access to the websites. Operation of the websites may be interfered with by numerous factors outside of the control of the sponsor.
You shall indemnify and hold harmless Sponsor from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against Sponsor, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with your use of our Websites, your connection to our Websites, your purchase of products or services from these Websites, your breach of this Agreement, or your violation of any law or the rights of a third party.
- Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Websites, regarding payment and delivery of specific goods, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Sponsor shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
What type of PII does Sponsor collect from you and how do we use it?
Visitors must provide certain PII to Sponsor in order to make purchases on the Websites. Such PII includes basic shipping and billing information, such as your name, address, phone number and credit card number. By providing us such information you represent and warrant its veracity.
Sponsor may provide your PII to entities who work on behalf of or with us. These entities may use your PII to help fulfill your requests in connection with the Websites. For instance, we may transfer information collected at checkout, including PII, to service providers and other third parties who assist us in billing and order fulfillment. Other than with Sponsor’s related companies, Sponsor will not share your PII for direct marketing or other purposes.
Under what other circumstances may we release PII?
We may also release your PII if we believe such release is necessary to comply with the law (e.g., a legal process or a statutory authorization), to apply or enforce our customer agreements, to protect our rights or property, to protect Visitors from fraudulent, abusive, or unlawful use of the Websites, or if we reasonably believe that a danger to any person requires disclosure of such PII.
What other information does Sponsor collect?
How do we store information?
Sponsor takes reasonable steps consistent with industry standards to assure that PII collected at checkout is secured from loss, misuse, unauthorized access, and destruction in storage while under our control. Please note that despite our efforts to safeguard information provided to us, we cannot guarantee that such information will not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others.
Do we have a mechanism to address the removal of PII and complaints about the handling of information that we collect?
If you wish to remove PII that you have submitted to Sponsor, please send us an email requesting such removal to firstname.lastname@example.org.
If you receive your order and are not satisfied with your purchase please let us know and we will do our best to accommodate the situation. All returns are fully refundable only if the product has been unopened or unused. You may return any unopened or unused product purchased on the Websites within 30 days of purchase for a full refund. Once we have received and processed the returned product, we will notify you via by phone or e-mail of your refund. We will strive to issue a refund within 15 business days of our receiving your return. If you have not received a refund within 25 business days from the day you sent us your return, please e-mail us for further assistance. Returns should be delivered to: Yard Farm Bermuda, 9 Somersall Lane, Smiths, HS01, Bermuda or arrangements can be made for pick-up.
- Shipping and Deliveries.
Currently we will ship and deliver locally for a fee. International deliveries will be delivered via courier and fees are subject to change based on destination country. Customs and duties fees are the responsibility of the purchaser.
We accept the following credit cards: Visa; MasterCard. We also accept check cards from Visa and MasterCard. Our secure server encrypts all credit card information you enter. Occasionally, a request for credit card authorization fails before the card is finally authorized. If we experience difficulties in authorizing your credit card, we will notify you by phone or e-mail.
- No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Sponsor by this Agreement.
- Governing Law.
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the Bermuda, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the courts of Bermuda. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Websites or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Sponsor, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
- Contact Us.
If you have any questions or concerns regarding the Websites, please contact us by e-mail at email@example.com or write to us at Yard Farm Bermuda, 9 Somersall Lane, Smiths, HS01 Bermuda.