Terms of service

Terms of Service

Welcome to Basho wear. By using our website and purchasing products or services from us, you agree to the following terms and conditions. Please read them carefully before proceeding.

1. Acceptance of Terms

By accessing or using our website, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree to these terms, please refrain from using our services.

2. Products and Services

We strive to provide accurate descriptions, pricing, and availability of products on our website. However, we cannot guarantee that all product information is error-free. We reserve the right to modify or discontinue any product or service at our discretion.

3. Orders and Payment

By placing an order, you are offering to purchase a product or service, subject to acceptance by us. All orders are subject to availability and confirmation of the order price. We may require payment before processing an order. Payments will be processed through our designated payment gateway, and you agree to provide accurate and complete payment information.

4. Shipping and Delivery

We will make every effort to ship your order promptly, but we are not responsible for delays beyond our control. Shipping times are estimates and may vary depending on your location and shipping method. You are responsible for providing accurate shipping information at the time of your order.

5. Returns and Refunds

Our return and refund policy is outlined separately. Please review our Return and Refund Policy for detailed instructions on how to return items and request refunds. Refunds will be issued in accordance with the terms set forth in that policy.

6. User Accounts

To make purchases, you may need to create an account on our website. You agree to provide accurate, current, and complete information when creating your account. You are responsible for maintaining the confidentiality of your account details, including your password, and for all activities under your account.

7. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of basho wear and is protected by copyright and other intellectual property laws. You may not use, copy, or distribute any of the website's content without prior written permission from us.

8. Privacy Policy

We respect your privacy and are committed to protecting your personal information. Please review our Privacy Policy to understand how we collect, use, and protect your data.

9. Limitations of Liability

We are not liable for any direct, indirect, incidental, or consequential damages arising from the use of our website or products, including but not limited to any errors, omissions, or interruptions in the service. Our liability is limited to the maximum extent permitted by law.

10. Modifications to Terms

We reserve the right to update or modify these Terms of Service at any time. Any changes will be posted on this page, and the updated terms will take effect immediately upon posting. We encourage you to review this page periodically.

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Michigan USA, without regard to its conflict of law principles. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts in Michigan USA.

12. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at:

Basho wear
bashowear@gmail.com
(1) 616-745-8165

By using our website or purchasing products or services, you acknowledge that you have read, understood, and agree to these Terms of Service.

By consenting to bashowear’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at bashowear@gmail.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy HERE to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing BASHOWEAR products or services, you agree that any controversy, claim, action, or dispute between you and bashowear arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of bashowear’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

  1. Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in [Michigan, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the michigan, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

  2. Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of bashowear’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 6267 9 mile rd ne.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with bashowear. You are responsible for ensuring bashowear’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

2. Class Action Waiver:

You and bashowear agree that you may bring or participate in Claims against bashowear only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and bashowear agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.