Bummer Bears
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Legal Terms

Welcome

Welcome to BummerBears.com website (the “Site”). By utilizing the latest technology to ensure secure, hassle-free get-well gift shopping, BummerBears.com can provide you with a unique and thoughtful product that is tailored to the injury, or “bummer”, of the recipient.

Agreement

Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.

Copyright

The graphic and textual content, arrangement, and assembly of this site are the property of Bummer Bears, LLC and protected by U.S. and international copyright laws. Users should feel free to use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. In addition, the software used on this site is the property of Bummer Bears, LLC or its software suppliers and is protected under U.S. and international copyright laws.

Trademarks

"Bummer Bears", "BummerBears.com" and “Mended Heart Bear” are trademarks of Bummer Bears, LLC, in the United States and other countries. BummerBears.com graphics, logos, and trade names are trademarks of Bummer Bears, LLC. These trademarks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits, or dilutes the
BummerBears.com name. Any other trademarks not owned by Bummer Bears, LLC that appear on this site are the property of their respective owners.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Sales Tax

Tax may be applied to your order if it ships from the same state as your shipping address.

Order Questions or Changes

If you have placed an order recently and need some information about it or would like to change it in some way, you should contact us via email at customerservice@bummerbears.com or call us at 917-209-7663. Please note that since we begin processing your order immediately after receiving it, modifications may not always be possible. Sending credit card numbers by email is not secure, and we do not recommend ever doing this.

Backorders

We do our best to minimize the likelihood that your desired products will be backordered. If you order is not in stock, you will be notified by email. In most cases, you will be notified if your order is not shipped within two days.

Credits

Any credits on your account with us will be credited to your credit card account.

Shipping and Handling Charges

Shipping for any individual Bummer Bear is FREE if shipped in the U.S. via Ground.  Shipping outside the US is available, but the cost of that shipping is added to the price of the bear.

APO and FPO Addresses

When requesting orders to ship to an APO or FPO address, your package will ship SAM (Space Available Mail). SAM is no additional charge and will ship your package from the APO or FPO address via the next available boat.

Returning Merchandise

Merchandise will be accepted for exchange within 30 days of receipt. The merchandise must be in new and unused condition and in its original packaging and shipped to us at your cost. When you receive your order, please keep your paperwork in case you need to arrange for an exchange, and read the instructions thoroughly for faster processing of an exchange. Also, please keep any emails you
receive regarding your order, as they may contain important information. Your order must be returned to us in order to receive an exchange. Your shipping costs will not be refunded. You must obtain a Return Merchandise Authorization (RMA)
number before shipping your product back to us. NO returns of any type will be accepted without an RMA number.

Shipping Damage

If a shipment arrives at your door with apparent shipping damage, please refuse the delivery. If you have already accepted delivery and then find shipping damage, please call us immediately. Save all packaging material and paperwork; do not throw anything away!

Product Warranty

Our product warranty applies only to the original purchaser for a period of 30 days from the original shipping date, under normal use and service, against defective workmanship and material. This warranty is void if the product has been damaged after delivery by accident or unreasonable use, immersion in water, neglect, abuse, or other causes not arising out of defects in workmanship or materials. Repair or replacement as provided under this warranty is the exclusive remedy of the purchaser. We shall not be liable for any incidental or consequential damages for breach of any express warranty on this product. Any implied warranty of merchantability or fitness for a particular purpose on this product is limited to the duration of this warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from state to state. During the warranty period, your product will either be repaired or replaced at our option, when returned, shipping prepaid and with proof of purchase date as instructed by our service representative. In the event that your product is replaced, the replacement will be covered under the original warranty or for 30 days, whichever is longer. When you place your order with us, you agree to the price and terms indicated on our website. We reserve the right to refuse any sale at any time.

Disclaimer

THIS SITE IS PROVIDED BY BUMMER BEARS, LLC ON AN "AS IS" BASIS. BUMMER BEARS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUMMER BEARS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUMMER BEARS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS PURCHASED USING THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Applicable Law

The Site is created and controlled by Bummer Bears, LLC in the State of New York, USA. Accordingly, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

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