Terms of service
Bahng Shop Terms and Conditions of Service
(Last updated on July 3, 2023)
- GENERAL
This website (“Bahng Shop” or the “Site”) is operated by Bahng Entertainment LLC. Throughout this website, the terms “we”, “us” and “our” refer to Bahng Entertainment LLC. These terms and conditions (“Terms of Service”, the “Terms”) govern your relationship (“you” or “your,” individually) with Bahng Entertainment LLC when you use this Site. By visiting/using this Site and/or purchasing products from this Site, you engage in our “Service(s)” and acknowledge that this Site is controlled by Bahng Entertainment LLC and you accept and agree to be bound to these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and you agree that this Site, including any transaction you make, is subject to these Terms, and you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. If you do not agree to these Terms, you may not access or use this Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. A breach or violation of any of the Terms may result in an immediate termination of your Services. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. We reserve the right to refuse service to anyone for any reason at any time. The headings used in these Terms are for convenience only and do not limit or otherwise affect these Terms.
- CHANGES TO THE TERMS
Any new features or tools which are added to the current Site shall also be subject to the Terms. you can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. We will not notify you directly/personally of any changes to the Terms; it is your responsibility to check this page periodically for changes. It is expected that you will read these Terms fully prior to any purchase, and your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. If you have any questions about these Terms please contact us by emailing: inquiry@bahngentertainment.com
Placing an order via this Site may require you to use third party apps to commence and/or complete your Order. As such, when placing an order via this Site, you represent and warrant that you have accepted the terms and conditions of said third party apps, as applicable.
- BAHNG SHOP CONTENT
(a) The Services, this Site, including, without limitation, all trademarks, music recordings, lyrics, audio and audio-visual clips, digital downloads (“Content”) are owned and controlled by or licensed to Bahng Entertainment LLC, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of Bahng Entertainment LLC or such affiliates, licensors and/or licensees.
(b) Unless otherwise specified, this Site and Content are for your personal and non-commercial use only. you may not, without Bahng Entertainment LLC’s express written agreement, use, transfer, copy, or otherwise reproduce or modify any part of this Site, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except ford this sole purpose of using the Services and viewing or using the Content as permitted.
- SYSTEM REQUIREMENTS
You may not:
(i). restrict or inhibit any other user from using and enjoying the Site or the Services;
(ii). Act in any way that would damage, disable, overburden, or impair this Site or the Services or effect or encourage conduct that would constitute a criminal offense or give rise to civil liability;
(iii). Upload, post or transmit to, or distribute or otherwise publish through this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in bread of any third party’s rights:
(iv). Impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(v.) exploit any information or other material obtained on or through this Site for commercial purposes;
(vi). Engage in spamming, flooding, harvesting of e-mail addresses or other personal information, “spidering,”, “screen scraping,” “database scraping,”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using our cookies for purposes which are unrelated to the Services);
(vii). Attempt to gain unauthorized access to other computer systems through this Site or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or
(viii). Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Site, the Contents, or the Services.
(ix). Use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
(a) We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to our Site.
(b) Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- PRODUCTS OR SERVICES
(a) Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit https://bahngshop.com/policies/privacy-policy
(b) While we try to display as accurately as possible the colors and images of our products that appear at the store, we cannot guarantee that your computer monitor's display of any color will be accurate.
(c) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
(d) We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- CANCELLATIONS, RETURNS, & SHIPPING
(a) All orders, as well as all requests for cancellations, returns, exchanges, refunds, etc., are subject to our Cancellations/Returns Policy. To view our Cancellations/Returns Policy, please visit https://bahngshop.com/policies/refund-policy.
(b) All orders are subject to our Shipping Policy. To view our Shipping Policy, please visit https://bahngshop.com/policies/shipping-policy.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
(a) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(b) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
- THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
(a) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
(b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
(c) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. you further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. you may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. you are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- ACCOUNTS, REGISTRATION, PASSWORDS, AND PERSONAL INFORMATION
(a) If a particular Service requires you to register with this Site or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our own discretion and we may revoke your password at any time.
(b) You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorized by you, and whether or not such person or entity is your employee or agent. You must immediately notify us of any unauthorized use of your password or account or any other breach of security. Bahng Entertainment LLC will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person’s account at any time without the express permission of the account holder.
(c) You are responsible for ensuring that the information we hold is up to date. Please amend your details as appropriate from time to time or email inquiry@bahngentertainment.com to notify us of any changes.
(d) You should ensure that your computer meets the minimum technical requirements for the Services. you may be required to install third-party software to access some or all of the Services. You are responsible for ensuring that the software functions correctly with the relevant Service. Terms and conditions provided by the software supplier may apply to our third-party software.
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see https://bahngshop.com/policies/privacy-policy
- ERRORS, INACCURACIES AND OMISSIONS
(a) Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
(b) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
(b) With respect to the sale of certain merchandise or auctions to residents of the State of California, pursuant to California Civil Code, Title 1.1A, Autographed Memorabilia, Cal Civil Code § 1739.7 (2017): SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE AND A THREE-DAY RIGHT OF RETURN. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.
(c) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
(d) In no case shall Bahng Entertainment LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
(c) Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bahng Entertainment LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- TECHNICAL PROBLEMS
Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, your sole remedy will be either a replacement product or a refund, as determined by us as appropriate. We will not be liable to you for failures, defects or delays in delivery caused by: (i) Your provision of incorrect information; (ii) Your computer failing to meet the minimum technical requirements for the Services; (iii) Your failure to comply with instructions for use of the Services; or (iv) an event which is outside of our reasonable control.
- TERMINATION
We may, in our sole discretion, terminate your password, account (or any part thereof, if any) or use of this Site without notice if (i) you are in breach of these Terms; or, (ii) if we believe, in our absolute sole discretion, that the Services or the Content is unsuitable.Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity. Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Site).
- TRANSFER
The agreement between you and Bahng Entertainment LLC created by these Terms (the "Agreement") is binding on you and Bahng Entertainment LLC and on Bahng Entertainment LLC’s respective successors and assigns. You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of your rights or obligations arising under it, without Bahng Entertainment LLC’s prior written consent. Bahng Entertainment LLC may transfer, assign, charge or sub-contract the Agreement, or any of its rights or obligations arising under it, at any time during the term of the Agreement, provided that Bahng Entertainment LLC remains primarily liable for Bahng Entertainment LLC’s obligations under the Agreement where applicable.
- EVENTS OUTSIDE OF OUR CONTROL
Bahng Entertainment LLC will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to find a solution by means of which our obligations may be performed despite such an event.
- MISCELLANEOUS
(a) These Terms, together with any documents or links to other terms referred to herein, constitute the whole Agreement between you and us and supersede any prior understandings, agreements or terms between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
(b) The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
(c) No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
(d) No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
(e) These Terms shall be binding on and endure for the benefit of each party’s successors in title.
(f) In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida and you and Bahng Entertainment LLC hereby irrevocably submit to the non-exclusive jurisdiction of the State of Florida, Palm Beach County as regards to any claim or matter arising in relation to these Terms. Please note, you must comply with all applicable laws and regulations of the country for which the products are destined. Bahng Entertainment LLC will not be liable for any breach by you of any such laws.
- COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing. When using this Site, you accept that communication with us will be primarily communicated electronically. We will contact you by email or provide you with information by posting notices on this Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English.
Our contact information is posted below:
Bahng Entertainment LLC
inquiry@bahngentertainment.com
