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Terms of Use

INTRODUCTION

Welcome to baggallini.com, a retail website of Baggallini Inc. (the “Company”, “we”, “us”, or “our”), a wholly owned subsidiary of the R.G. Barry Corporation. The content on this website, our microsites, mobile versions of this website, and the services available to you on this website (collectively, the “Website”) are provided subject to the terms and conditions included in this Terms of Use and the Privacy Policy. Please read these Terms of Use carefully. By visiting or using this Website, you acknowledge that you have read, understand, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not access or use this Website.

THESE TERMS OF USE CONTAIN A MANDATORY DISPUTE RESOLUTION PROVISION THAT INCLUDES A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE DISPUTE RESOLUTION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION CAREFULLY.

PRIVACY

Please review the baggallini.com Privacy Policy, which also applies to your visit to, and use of, the Website and describes our practices and policies related to the collection, use and storage of information about users of the Website.

OWNERSHIP AND COPYRIGHT

All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, advertising copy, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of the Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. You are granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms of Use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of the Company.

TRADEMARKS

The trademarks, service marks, trade dress, designs and logos (collectively “Trademarks”) on the Website are the registered or unregistered Trademarks of the Company. Such Trademarks may not be used in connection with any product or service of anyone other than the owner of the applicable Trademark, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits the Baggallini brand, the Company, its parent or any affiliate. Nothing on the Website or in these Terms of Use should be construed as any license or right to use any Trademarks displayed on this Website without the express written permission of the owner of such Trademark. The names “baggallini.com” and “Baggallini” and Baggallini logos may not be used for any purpose without the prior written consent of the Company.

The Company has a no-tolerance policy regarding the use of their respective Trademarks or names in metatags and/or hidden text. The use of the Company’s Trademarks or name in metatag keywords is trademark infringement and the use of the Company’s Trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

USE OF CONTENT

The Website and Website Content are intended solely for personal and non-commercial use by visitors and online shoppers. Any use of the Website or its content other than for personal and non-commercial purposes is prohibited. The Company grants a non-exclusive, non-transferable and revocable license to download, electronically copy and print any of the content and functionality displayed on the Website for your personal, non-commercial use only. Such license is not a transfer of title and is subject to the restrictions that you shall not (i) reproduce, publish, transmit or distribute any of the content, (ii) modify or create derivative works from the content, (iii) use any of the content for any commercial purpose, or in any public display, performance, sale or rental, (iv) decompile, reverse engineer, or disassemble the content, or (v) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use the Website in any manner that may be harmful to the operation of the Website or its content.

USER INFORMATION AND CONTENT

Some functionality of the Website may require the transmission of information provided by you (“User Information”). User Information may include, but is not limited to, your name, address, email address, telephone number, method of payment, credit card number, and billing information. You agree to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change. By using such functionality, you consent to the transmission of User Information to the Company and/or its agents and authorize the Company and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy which is incorporated herein by reference.

The Website may allow you to upload photographs, videos or other content (“User Content”). You shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Company platforms. You shall retain ownership of all User Content and hereby grants to the Company a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Company platforms and for our business purposes. You also grant to the other users of the Website and related Company platforms a non-exclusive license to access the User Content via the Website and related Company platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms of Use. You grant Company the right to identify you as the author of any such User Content by name, email address, or screen name, and you acknowledges that the Company has the right, but is not obligated, to use any such User Content and that the Company may cease utilizing such User Content at any time for any reason. You agree not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which you do not have the rights necessary to transmit and publish such content or materials, or to grant the Company the license to use such content or materials as described herein. You acknowledge that the Company has no obligation to monitor or screen User Content submitted to the Website, but that the Company shall have the right (but not the obligation) to reject, remove or delete any User Content that violates these Terms of Use or that is otherwise objectionable.

You understand and agree that the Company does not control and is not responsible for any content made available on the Website by other users. Your use of, or reliance on, any information contained in such third-party content is at your sole risk. Under no circumstances will the Company be liable for any such third-party Content or for any loss or damage resulting from your use of, or reliance on, such third-party content.

ACCEPTABLE USE

Your permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by the Company to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access our systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden our servers or networks, or (viii) fails to comply with applicable third-party terms. You must comply with all applicable third-party Terms of Use (e.g., wireless carrier terms of service) at all times while using the Website. The Company reserves the right, in its sole discretion, to terminate the license granted to you hereunder and/or bring legal action against you if you engage in, or the Company reasonably believes you have engaged in or are engaging in, use that violates these Terms of Use. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms of Use.

NOTICE OF INFRINGEMENT

The posting of any content on the Website that infringes or violates the copyright or other intellectual property right (including rights of privacy and publicity) of any person or entity is prohibited. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on this Website, please write to the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right believed to be infringed, (ii) identification of the content on this Website requested be removed, (iii) your name, address, daytime telephone number and e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right believed to be infringed and (vi) the signature of the owner of the right believed to be infringed or a person authorized to assert such infringement on behalf of the owner. Any content on this Website that infringes the copyright or other intellectual property rights of any person under U.S. law will be promptly removed following receipt of such a statement. Statements of infringement under this section should be submitted to the address below.

Baggallini Inc.
Privacy Officer
13405 Yarmouth Road NW
Pickerington, OH 43147
YOUR ACCOUNT

If you access or use the Website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. The Company may sell products for children, but only sells such products to adults who can purchase with a credit card or other method of payment accepted on the Website. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders at our sole discretion.

MOBILE TERMS & CONDITIONS

By texting the keyword to the given short code, or by signing up through our Website, you are consenting to receive marketing and promotional text messages (e.g. cart reminders) to the mobile number provided from the Company or its texting vendors that may be sent via an automatic telephone dialing system to the mobile number provided.

By opting into receiving text messages, you:

  1. Authorize the Company to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, contact us as set forth in the Contact Us section below. To view and retain an electronic copy of these Terms of Use or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Once you affirm your choice to opt-in to text messages, your message frequency will vary. You may receive alerts about: sales promotions, event information, product launch announcements, product information, cart reminders, or price alerts.

Message and Data Rates May Apply. Please consult your service agreement with your wireless carrier to determine your phone’s pricing plan. This program may not be available on all wireless carriers. The carriers supported by this program are AT&T, Boost Mobile, Sprint, T-Mobile, U.S. Cellular, and Verizon , but the Company may add or remove any wireless carrier from this program without notice. The Company and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To stop receiving text messages from the Company, text the word STOP to any of the text messages you have received from or on behalf of the Company. This is the exclusive method for opting out. After texting STOP, you will receive one additional message confirming that your request has been processed.

You can text HELP for help at any time to any of the text messages you have received from or on behalf of the Company. You can also contact us at 1-800-448-8753.

You warrant that you have provided your accurate mobile telephone number to the Company and that you have authority to consent to receive text messages at that number. Before changing, deactivating, or relinquishing your mobile phone number, you agree that you will opt-out of the Company text message programs, or text message programs offered by our other brands which you may have signed up to receive. Failure to do so constitutes a material breach of these Terms of Use

COMMENTS AND SUGGESTIONS

The Company appreciates hearing from our customers and other users of the Website and welcomes your comments and suggestions regarding the Website and the products offered for sale, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion. If you submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. We value your feedback on our products and our services but request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions you send to the Company will become our property and shall not be subject to any obligation of confidentiality on our part. The Company is not liable for any use or disclosure of any such feedback, comments or suggestions and shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

PRODUCT DESCRIPTIONS

The Company makes all reasonable efforts to display the products listed for sale on the Website as accurately as possible. However, the colors used, as well as the display and color capabilities of your computer monitor, will affect the colors actually seen on your screen. The Company cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. In addition, the Company does not warrant that any product descriptions or other content are accurate, complete, reliable, current or error free. If a product offered on the Website is not as described, your sole remedy is to return it in unused condition.

OTHER SITES

The Website may contain links to websites that are not maintained by the Company. Efforts are made to only include links of websites that are in good taste and safe for users of our Website. However, the Company is not responsible for the content or accuracy of any third party website and cannot guarantee changes will not be made without our knowledge. The inclusion of a link to a third party’s website does not imply our endorsement of the third party’s website. If you decide to use any link on the Website to access a third party’s website, you do so at your own risk and subject to the terms of use and privacy protections, if any, of that third party’s website. ACCESS TO ANY SUCH LINKED SITE IS AT YOUR OWN RISK, AND THE COMPANY WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL CONTENT AND FUNCTIONALITY PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY, ITS PARENT OR ANY AFFILIATE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON ANY LINKED WEBSITE, CONTAINED IN ANY CONTENT PUBLISHED ON THE WEBSITE, OR PROVIDED BY THIRD PARTIES. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY AND THIRD-PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN RISK.

The disclaimers of liability above apply to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also acknowledge the Company is not liable for defamatory, offensive, infringing or illegal materials or conduct by you or any third party.

These limitations of liability shall survive the termination or expiration of our agreement with you. The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall the aggregate liability of the Company to you for all claims, damages, losses, and causes of action exceed the amount paid to the Company by you for accessing the Website.

The Company makes no representations that the content of the Website is appropriate or available for use in all locations. Visitors who choose to access the Website from any location do so by their own initiative and are responsible for compliance with applicable local law.

INDEMNITY

You agree to defend, indemnify, and hold harmless the Company and their respective officers, directors, stockholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the Website or your breach of these Terms of Use.

ELIGIBILITY; JURISDICTION; APPLICABLE LAW

You represent and warrant that (i) you are at least 18 years of age and are fully competent and able to enter into these Terms of Use and to abide by the terms hereof; (ii) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) you are not included on any U.S. Government list of prohibited or restricted parties. The Company provides the Website for use in the United States of America. The Company does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at your sole risk and you are responsible for complying with all applicable local laws.

By visiting the Website, you agree that the law of the State of Ohio, without regard to its principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and the Company relating to the Website. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the Company relating to your access to and use of the Website.

DISPUTE RESOLUTION

Any dispute arising with respect to your use of the Website, the Privacy Policy or these Terms of Use shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in the State of Ohio.

LEGAL NOTICE FOR NEW JERSEY RESIDENTS

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms of Use shall not be applicable to New Jersey residents: (1) the provisions concerning limiting the Company’s liability for any loss or damage is not applicable to New Jersey residents to the extent the Company was negligent or has breached its obligation; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning indemnification by you are not applicable to New Jersey residents unless you were negligent or have breached these Terms of Use.

MODIFICATIONS

The Company reserves the right, at our sole discretion, to at any time change, modify, add, or remove portions of these Terms of Use. Please check this page periodically for changes. You agree that each time you visit the Website, your visit to and use of the Website will be subject to and bound by the then current version of these Terms of Use.

CONTACT US

If you have any questions about these Terms of Use, please use the Contact Us form or contact our customer service team by phone at 1-800-448-8753.

These Terms of Use were last updated on July 27, 2023.