Terms and Conditions

THESE TERMS AND CONDITIONS TOGETHER WITH ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.

By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms.  You are not permitted to use this Site if you do not agree to be legally bound by these Terms.  Please read these Terms carefully.

We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site, including but not limited to automobile colors, specifications, accessories, models, materials or other product or service features. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Your Status

By placing an order through Our Site, you warrant that you are:

(a)legally capable of entering into binding contracts;  and (b)at least 18 years old.

Permitted Use

You must only use the Site for the purpose of ordering Products and activities directly related to doing so e.g. communicating with us and researching products (the Permitted Use).

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or otherwise “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security will result in the user being denied access to the Site and may result in civil or criminal liability. Buffalo Bayou Garage may, at its discretion, investigate occurrences that involve such violations and will cooperate with law enforcement authorities in prosecuting Site users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, intelligent agents, or similar devices) to search or navigate the Site other than the search engine and search agents available from Buffalo Bayou Garage on the Site and other than generally available third party web browsers

You will be responsible for the security of any password you use on this Site. Buffalo Bayou Garage may, in its sole discretion, monitor the use of any password.

Prices and Payment

All prices and charges on this site are shown in US dollars. They exclude any VAT payable.

The total cost of your order will be the total price of the products and services you order, which will be set out clearly in your Shopping Basket before you submit your order.

Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative.

We try very hard to ensure that all information on this site is accurate.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at this price. We shall be under no obligation to fulfill an order for a product, which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.

We accept payment by Mastercard, Visa, Paypal and Amazon Pay. Payment is deducted when we process your order.

Contract Formed Between Us

After placing an order, you will receive e-mail from us acknowledging that we have received your order (Order Acknowledgment). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

The Contract will relate only to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we have confirmed acceptance of your order for those other Products within a separate ‘Confirmation of your order’.

Cancellation

  • Order cancellations are subject to BBG4x4 | Buffalo Bayou Garage’s prior approval.
  • You must email customer service at contact@bbg4x4.com and provide us with your order number, order date and full details of the order that is being cancelled.

Availability And Delivery

  • BBG4x4 | Buffalo Bayou Garage will use its best endeavors to effect delivery in the time stated (if a time is stated in writing) but if Buffalo Bayou Garage fails to do so by reason of:

(a) Inability to obtain supplies of materials or parts from approved sources;

(b) Any strike, shortage of labour or lockout;

(c) War, riots, accident, civil commotion, fire, Act of God; or

(d) any other event whatsoever beyond the reasonable control of Buffalo Bayou Garage,

  • BBG4x4 | Buffalo Bayou Garage may at its option cancel the Contract or any unfulfilled part or extend the time for its performance or completion by the time lost because of the event preventing or delaying delivery.
  • Unless otherwise agreed in writing, Buffalo Bayou Garage will deliver the Products to the buyer’s premises during business hours. The invoice will be included with the package.
  • Delivery is deemed to occur when the Products are unloaded at the buyer’s premises (or other premises agreed by the parties). If the buyer fails or refuses, or indicates to Buffalo Bayou Garage that it will fail or refuse, to take or accept delivery, then (unless otherwise agrees) the Products will be deemed to have been delivered when Buffalo Bayou Garage was ready, willing and able to deliver them.

Risk And Title

  • The Products will be at your risk from the time of delivery.
  • Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

PRODUCT AND SITE CONTENT

Proper service and repair procedures are vital to the safe, reliable operation of all motor vehicles as well as the personal safety of those performing the repairs and are not the responsibility of BBG4x4 | Buffalo Bayou Garage. Standard safety procedures and precautions (including the use of safety goggles and knowledgeable use of proper tools and equipment and exact compliance with the instructions included with products) are strongly recommended at all times to limit the possibility of personal injury or death or improper service which could damage the vehicle or compromise its safety. Professional Installation is recommended on all products sold through BBG4x4 | Buffalo Bayou Garage.

All products designed and manufactured by BBG4x4 | Buffalo Bayou Garage are intended to be used off-road and should be professionally assembled per the terms in the installation guide. Buffalo Bayou Garage shall not be held liable for damages or loss associated with the installation and use of its products. Follow your Motor Vehicle Manufacturers roof rack and roof weight ratings when loading your roof rack, Do not overload your roof rack. Doing so may result in loss of control, rollover, injury or death.

THE SITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS, INFORMATION, CONTENT, AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, IS PROVIDED “AS IS.” BUFFALO BAYOU GARAG AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THE SITE, ANY PRODUCTS, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. BUFFALO BAYOU GARAGE AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BUFFALO BAYOU GARAGE DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN CERTAIN STATES AND JURISDICTIONS, THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS ARE NOT PERMITTED AND SO THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU. TO THE EXTENT THAT BUFFALO BAYOU GARAGE AND ITS AFFILIATES MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY IMPLIED WARRANTIES OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

BUFFALO BAYOU GARAGE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THIS SITE, THE PRODUCTS, OR FUNCTIONS ON THIS SITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN CERTAIN STATES AND JURISDICTIONS, THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS ARE NOT PERMITTED AND SO THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU. TO THE EXTENT THAT BUFFALO BAYOU GARAGE AND ITS AFFILIATES MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY IMPLIED WARRANTIES OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Warranty

(a) The manufacturer warranty terms and conditions are as detailed in the Product warranty leaflet that is supplied with the relevant products.

(b) Should you wish to report a problem with, or request warranty for, a Product please contacts BBG4x4 | Buffalo Bayou Garage Customer Service on contact@bbg4x4.com.

(c) Nothing contained in these terms and conditions excludes, restricts or modifies the application of any implied condition or warranty, the exercise of any right or remedy, or the imposition of any obligation, right or liability implied or conferred under the United State Consumer Law, or any other statute, to the extent that doing so would contravene that statute or cause any part of this these terms and conditions to be void.

(d) To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on BBG4x4 | Buffalo Bayou Garage are expressly excluded from these terms and conditions.

(e) To the extent that the US Consumer Law permits Buffalo Bayou Garage to limit its liability, then Buffalo Bayou Garage‘s liability will be limited to:

(1) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; or

(2) in the case of goods, replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired..

Intellectual Property

BBG4x4 | Buffalo Bayou Garage will aggressively enforce its intellectual property rights to the full extent of the law.  All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of BBG4x4 | Buffalo Bayou Garage or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by BBG4x4 | Buffalo Bayou Garage.

Links

This Site may contain links to or be accessed through links that are owned and operated by independent third parties.  We provide links as a convenience and the inclusion of the link does not imply that Buffalo Bayou Garage endorses or accepts any responsibility for the content on those sites.  Buffalo Bayou Garage is not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsement, or the availability, operation or performance of authorized of any other sites, to which this Site may be linked to or from which this Site may be accessed.  Further, BBG4x4 | Buffalo Bayou Garage is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein.  Your linking to any other off-site pages or other sites is at your own risk.  We recommend that you review any terms of use statement and privacy policy before using any other linked site.

Severability

If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These Terms and Conditions embody the entire agreement and understanding between the parties and supersede all prior agreements and understandings relating to the subject matter hereof.

APPLICABLE LAW

By visiting the Site, you agree that the laws of Texas, USA without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and BBG4x4 | Buffalo Bayou Garage