Terms & Conditions

Introduction

The trade website ba-sh.com/us (“Site") is an electronic commerce website accessible via the internet and open to all users of the network. The Site is operated by ba&sh SAS (« ba&sh »), a subsidiary of ba&sh Group.

If you have any questions or comments about our privacy policy, terms and conditions, or our website, please contact us:

ba&sh America

Office location : Spring Place - 6 St Johns Ln, New York, NY 10013

Contact email : helpusa@ba-sh.com

 

The Site allows ba&sh to offer textile products and accessories for sale under the brand name ba&sh ("products") to Internet Users browsing or purchasing on the Site ("customers").

These general Terms and Conditions (“Terms”) apply only to the United States of America. If you are shipping outside of the United States, to another country which ba&sh operates an online store, please review the accompanying Terms.

All orders of a product offered on the Site imply the customer’s acceptance of these terms and conditions.

This Site is not intended for persons under the age of thirteen (13).

ba&sh reserves the right to amend the present general conditions of sale, at any time, by publishing a new version on the website.

Article 2. Products

2.1. While ba&sh always strives to display accurate product information, description or other content on our Site, it is unfortunately not possible to have a Site that is completely free of any human, technological or typographical errors. We reserve the right to correct any of these errors, at any time, without prior notice.

2.2. All products are subject to availability. Adding an item(s) to your shopping cart or wish list, does not reserve the item(s) from stock. If you have placed an order and the item is no longer in stock, you will be contacted by e-mail.

 

Article 3. Price

3.1. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid only in the United States. These prices do not reflect additional sales tax and customs taxes. Shipping is free of charge in the United States. However, additional customs taxes may be added to the order by the carrier. Such additional costsshall be paid directly by the customer to the carrier.

3.2. The prices of products featured on the Site are subject to change at any time, at ba&sh’s discretion, without prior notice. Orders that have been successfully placed before any change in price takes place, will not be affected.

3.3. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel orders placed for the product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, we will refund you on the same credit card.

Article 4. Orders

4.1. All first-time customers who wish to place an order on ba-sh.com/us will be asked to create an account.

4.2. You will have the opportunity to review the contents of your shopping cart, shipping and billing addresses and shipping method, before submitting your order.

4.3. After placing your order, a confirmation will be sent to your e-mail address. This e-mail will include your order number, products ordered, shipping and billing details. This confirmation is an acknowledgement that your order has been placed but may not necessarily indicate acceptance of your order.

4.4. At the discretion of ba&sh, it may happen at different occasions that orders will be refused. Examples of these occasions may be, but are not limited to : if we are unable to secure payment for the order, if there are shipping restrictions to the delivery address, if the product is incorrectly stated on the Site (please see section 2.2 and 3.3, or otherwise inaccurately described), if the order is requested to be shipped to a PO Box or APO address.

4.5 Once an order is placed on ba-sh.com/us, we are unable to change the details of the order. Order cancellations may be requested to our Customer Service by sending an email to helpusa@ba-sh.com. Your order may only be cancelled in the case that we have not started processing it.

Article 5. Payment

5.1. ba-sh.com/us accepts American Express, MasterCard and Visa, as forms of payment. You will be charged for your order, shortly after it has been placed.

5.2. The Shopping Cart Page summarizes the products you selected, as well as their price, V.A.T. and shipping costs, excluding customs and other taxes. You may modify at any time your Shopping Cart before placing your order.

5.3. By placing an order on the Site, you are confirming that the method of payment being used (credit/debit card) is yours and the details you are inputting are accurate and whole. This may include, your name, shipping and billing addresses, payment details.

Article 6. Delivery

6.1. Orders are carried out by DHL from our warehouse located in France. Orders may take up to 7-10 business days to arrive to your shipping address in the United States.

6.2. Orders are being processed within 48-72 hours of placement.

6.3. ba&sh does not process, ship or deliver orders on Saturday, Sunday or Federal holidays. Orders placed on these days will be processed the following business day.

6.4. The order will only be delivered to the shipping address provided on the order. The shipping address cannot be amended once the order has been placed.

6.5. Orders placed on the Site can only be shipped to addresses within the United States.

6.6. We are unable to ship orders placed on ba-sh.com/us to APO/FPO addresses, or P.O. boxes.

Article 7. Returns & Exchanges - Online

7.1. You are welcome to return your online order. Returns must meet the conditions of our return policy below, to qualify for a refund:

• Each item must be presented in its original condition.

• Once you receive your order, you have 14 working days to return any items.
• Labels must still be intact. 
• The return form must be enclosed in the package. 
• Any items returned stained, damaged, worn or in poor condition will not be eligible for a refund. 

 

7.2. ba&sh is not responsible, for item(s) returned using any method, other than the outlined procedures in our Terms and Conditions.

7.3. At this time, orders cannot be exchanged for online purchases. You are welcome to return orders you wish to exchange by using the free return service & place a new order on ba-sh.com/us.

7.4 Items marked as Final Sale are not eligible for returns.

7.5 Your refund will be processed within ten (10) business days of receiving your return and will be credited to the original payment method. Your bank or credit card issuer may require up to 7 additional business days to process the credit before posting to your account. If you have any questions, please speak with your issuing bank.

Article 8. Personal Information

ba&sh Privacy Policy describes our practices with regard to information collected from you when you use the Site and is hereby incorporated by reference into these Terms and Conditions.

Article 9. Intellectual Property Rights

The Site and its content, photographs, images, data or other materials that are made available through the Site, are the property of ba&sh, or, where applicable, independent content providers and third parties, and are protected by copyright, trademark and other intellectual property laws. Except as expressly authorized by ba&sh or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.

ba&sh is a trademark of ba&sh SAS and licensed to ba&sh. You may not use any trademark or service mark appearing on the Site without the prior written consent of ba&sh or the owner of the mark.

Article 10. Limitation of Liability

In no event, including but not limited to negligence, shall ba&sh, its subsidiaries, affiliates and their employees, be liable, whether in contract or in tort, for any special, indirect, punitive, incidental or consequential damages, including but not limited to resulting in loss of profit, income, savings, or business, that arises from the use, or the inability to use the materials on the site, these terms or any product or service provided through the site. in no event, shall ba&sh liability exceed 100% of the price of the product you have paid through purchasing on the site. applicable jurisdisctions may not allow the limitation or exclusion of liability for consequential or incidental damages, in such cases, liability is limited to the fullest extent permitted by law.

Article 11. Disclaimer

ba&sh site, content, tools and services are provided “as is, as available”. ba&sh disclaims warranties of any kind, express or implied, to the fullest extent permitted by law, including but not limited to accuracy, non-infringement, fitness for a particular purpose, merchantability and security. ba&sh does not warrant that the site and its content will be error-free, uninterrupted or secure, any errors on the site will be corrected or the site will be free of viruses or other harmful components. using the site and its content is wholly at your own risk and responsibility.

Article 12. Events Outside of Our Control

ba&sh will not be held responsible for the non-execution or delay, whether it be total or part of its obligations (as per these Terms) if the events are out of our control. These events may include a disturbance, strike, flood, fire, adverse weather or any other natural disaster, failure of public or private communication networks and failure of mobility for any means of public or private transportation.

Article 13. Links to Third Party Sites

This Site may include links to third party sites. This does not establish sponsorship or endorsement by ba&sh of these third party sites. ba&sh is not responsible for the availability, content, security, services, privacy, advertising, policies, or practices of third party sites. By choosing to access the site, you are proceeding at your own risk.

Article 14. The Contact in its Entirety

The present Terms of sale and the summary of the order sent to the customer constitute a contract of sale an integral summary of the agreements that occur between the parties.

Article 15. Applicable Law – Competent Jurisdiction

The present Terms and Conditions and the contractual relation between ba&sh and the customer shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. The sole and exclusive jurisdiction for any claim, dispute or proceeding arising out of or related to these Terms of Use shall be in the State or Federal courts located in the State of New York.

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to helpusa@ba-sh.com. Please allow 30 days for a response.

Article 16. ba&sh Sales And Use Tax Policy Statement

ba&sh SALES AND USE TAX POLICY STATEMENT

We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.

IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website.

ba&sh COLLECTS SALES TAX in states where we have physical presence (or nexus), including California, Florida, Hawaii, Illinois, New Jersey, and New York. ba&sh also collects sales tax in Nebraska, and Washington.

ba&sh DOES NOT COLLECT SALES TAX in any state NOT listed above because ba&sh is not required to collect sales or use tax in these states.

FOR OUR TAX-EXEMPT CUSTOMERS:
ba&sh DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.