Acceptance of terms of use

These Terms and other applicable conditions and notices contained herein govern your use of the Michaels Gift Ideas,LLC (LuxuryMGI.com) service and website. These Terms of Use are an ongoing contract between you and Michaels Gift Ideas,LLC (LuxuryMGI.com) and apply to your use of the Michaels Gift Ideas, LLC (LuxuryMGI.com) service and website. These Terms of Use affect your rights and you should read them carefully.

Fees and cancellations

Reseller agrees to pay additional fees for orders that require special handling, it is below our minimum order amount, as follows:

  • i) Minimum Order Fee
  • ii) Express Shipping
  • iii) Cancellation Fee

Pricing

We reserve the right to change prices at any time for any reason. We are not responsible for typographical errors or misprinted pricing in our catalog or other advertising. Members should be aware that product prices can and do fluctuate as a result of a supplier changing their wholesale pricing. Michaels Gift Ideas, LLC (LuxuryMGI.com) has no control over any supplier’s pricing policies and therefore cannot guarantee any item will remain any particular price for any period of time.

Limitations of Liability

Michaels Gift Ideas, LLC (LuxuryMGI.com) entire liability and your exclusive remedy with respect to use of theMichaels Gift Ideas, LLC (LuxuryMGI.com) web site and any components of the Michaels Gift Ideas, LLC (LuxuryMGI.com) web site, as well as Michaels Gift Ideas, LLC (LuxuryMGI.com) liability to you for breach of the General Terms of Service are limited solely to the amounts you have paid to Michaels Gift Ideas, LLC (LuxuryMGI.com) for the use of the web site and for refund or replacement of any product returned by you. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Michaels Gift Ideas, LLC (LuxuryMGI.com) liability is limited to the extent permitted by law.

In no event shall Michaels Gift Ideas, LLC (LuxuryMGI.com), its parent companies, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its contractors or their respective agents or employees be held liable for costs or procurement of substitute goods or services, lost profits, lost data, business interruption, attorneys’ fees or any direct, indirect, special punitive, incidental, exemplary or consequential damages, (or any kind of damages whatsoever). This applies even if B&F System has been advised of the possibility of such damages; whether in an action under contract, negligence, tort or any other legal or equitable theory of recovery; arising out of or in connection with the use, inability to use, or performance of the information, merchandise, and materials available from Michaels Gift Ideas, LLC (LuxuryMGI.com) website or any part thereof, or your reliance on or use of information, services or merchandise provided on or through Michaels Gift Ideas, LLC (LuxuryMGI.com) web site, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of your account, whether for breach of contract, negligence or under any other cause of action. In the event Michaels Gift Ideas, LLC (LuxuryMGI.com) is found liable under any circumstance under the terms of this agreement, Michaels Gift Ideas, LLC (LuxuryMGI.com) liability shall be limited to the replacement or refund for any product or service purchased from us and the replacement or refund for product will be made after the return of the product to Michaels Gift Ideas, LLC (LuxuryMGI.com).

Electronic communications

By using the Michaels Gift Ideas, LLC (LuxuryMGI.com) service, you consent to receiving electronic, phone, and mail communications from the Michaels Gift Ideas, LLC (LuxuryMGI.com) These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service. These communications are part of your relationship with Michaels Gift Ideas, LLC (LuxuryMGI.com) and you are entitled to receive them as part of the Michaels Gift Ideas, LLC (LuxuryMGI.com) subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Payment obligations.

The member understands that a valid form of payment must accompany all orders. Upon account creation, an order of at least $100 is required for your first order. After your initial order, there is no set minimum order amount.

Shipping and handling

There is no handling fee on orders $100 and over. There is a $2.00 handling fee on orders under $100 placed online. Customer needs to: 1) Place order on the web. 2) Receive invoices electronically. 3) Ship on Michaels Gift Ideas, LLC (LuxuryMGI.com) UPS account. There is a $4.00 handling fee for orders under $100 placed by phone, fax or e-mail.

We Ship Fast and Faster

Many orders are shipped the same day they are received. Our goal is to ship all orders by the second business day, however, if you need something quicker and guaranteed, express fees are available.

To ship the same day you place your order, there is a $10.00 express fee. Orders must be received by 12 Noon C.S.T. (Central Standard Time). To ship the next business day, there is a $5.00 express fee. Orders must be received by 3:00pm C.S.T. Orders placed after 3:00pm C.S.T. on normal business days will be considered received the following business day.

When placing your order online, please mark the appropriate box to indicate your express fee. Please also indicate your express fee on fax, phone and email order.

Note: Due to Proposition 65 compliance issues, orders shipping to California require special labeling and require a additional 5-7 days to ship.

After an order ship we cannot change the destination address. After an order is placed, we cannot modify the order. Any changes to orders after being placed are subject to additional fees.

Order changes

Generally, the members should assume that once an order is placed, it cannot be changed in any way. By canceling a order, the reseller agrees to pay cancellation fee’s that can be found in the “Fees and Cancellation Policy” section

Taxes

As a client of Michaels Gift Ideas, LLC (LuxuryMGI.com), you understand that you are absolutely independent entity from Michaels Gift Ideas, LLC (LuxuryMGI.com). You are responsible to pay taxes to state, federal or local authorities in accordance with any and all applicable laws. This tax responsibility includes collecting and remitting all appropriate sales taxes to state and local authorities.

Legal recourse

Your and Michaels Gift Ideas, LLC (LuxuryMGI.com) agree that the laws of the State of North Carolina and Ohio shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and Michaels Gift Ideas, LLC (LuxuryMGI.com) relating in any way to Michaels Gift Ideas, LLC (LuxuryMGI.com) service or website or these Terms. You and the Michaels Gift Ideas, LLC (LuxuryMGI.com) expressly and irrevocably consent to personal jurisdiction and venue in these courts. The non-prevailing party shall pay all attorney’s fees and court costs.

Furthermore the customer agrees that before any legal action of any kind is filed against B&F System, Inc, it’s affiliates or associates that legal and binding arbitration will be sought.

Confidentiality

Reseller understands that all information provided by the Michaels Gift Ideas, LLC (LuxuryMGI.com) is confidential and proprietary to Michaels Gift Ideas, LLC (LuxuryMGI.com)and must be used by reseller according to the terms of this agreement. Reseller agrees to not provide any confidential or proprietary information received from Michaels Gift Ideas, LLC (LuxuryMGI.com) to any business entity that may compete with the Michaels Gift Ideas, LLC (LuxuryMGI.com) Any violation of confidentiality is grounds for immediate termination.

Confidential Information

Resellers are prohibited from disclosing to third parties any business-related information that includes, but not limited to, pricing, product information, sales data without the prior written consent of the Michaels Gift Ideas, LLC (LuxuryMGI.com).

Resellers are prohibited from selling/providing access to our reseller program and products to third parties without the prior written consent of the Michaels Gift Ideas, LLC (LuxuryMGI.com).

Minimum Advertised Price (MAP)

Effective September 1, 2016, a Minimum Advertised Price (MAP) on select products will be in effect.

By not adhering to the established Minimum Advertised Price (MAP) a reseller can have a dramatic effect of diminishing or detracting from the perceived value of the Michaels Gift Ideas, LLC (LuxuryMGI.com) brand and its products. The internet, with its worldwide impact, has the possibility to cause great harm to any companies’ products, if they are advertised at prices that will eliminate any legitimate retail competition. Our MAP pricing policy is intended for consumers to purchase from other resellers based on loyalty and customer care expectations. Therefore, if the Michaels Gift Ideas, LLC (LuxuryMGI.com) agrees to allow the reseller to sell its products, you will need to agree and abide by the following requirements and restrictions.

1) The MAP policy applies to all advertisements of the Michaels Gift Ideas, LLC (LuxuryMGI.com) products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage.

2) The MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s) outside of their store.

3) The inclusion in advertising of free or discounted products (whether made by the Michaels Gift Ideas, LLC (LuxuryMGI.com) or another manufacturer) with a product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP.

4) If pricing is displayed in other than a brick and mortar retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited.

5) MAP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone

6) E-Bay and Other Auction Web Sites Policy:

  • “Buy it Now” options must be listed at a price equal to MAP or greater.
  • For auctions the reserve and/or opening bids must start at MAP without a “Buy it Now” option.
  • Best Offer Auctions Are Not Allowed

7) Negotiated Contracts: From time to time it may be explicitly approved by the Michaels Gift Ideas, LLC (LuxuryMGI.com) in writing to sell certain Michaels Gift Ideas, LLC (LuxuryMGI.com) products at below MAP pricing. The discount amount and length of time will be determined at the time of this approved promotion by the Michaels Gift Ideas, LLC (LuxuryMGI.com)

Termination

(a) Termination without Cause.

Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party.

(b) Termination for Cause.

The Michaels Gift Ideas, LLC (LuxuryMGI.com) may terminate this Agreement, effective immediately upon written communication to the reseller if:
(i) the reseller materially breaches any term of this Agreement and fails to cure such breach, which is a curable breach, within ten (10) days after receipt of written notification.
(ii) the reseller materially breaches any term of this Agreement which is not capable of cure;

Effects of Termination.Upon any termination of this Agreement: (a) Reseller shall cease to be an authorized reseller of Product and all rights and licenses granted to Reseller hereunder shall cease; (b) Reseller shall immediately: (i) cease all use and distribution of the Product; (ii) discontinue any use of the Marks; and (iii) cease to promote, solicit or procure orders for the Product. (iv) remove all Michaels Gift Ideas, LLC (LuxuryMGI.com) product from online marketplaces and web site a that the reseller is affiliated with.

Website information

While www.bnfusa.com (hereafter the “Website”) and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms and Conditions, the Member is responsible for reading and understanding all information contained on the Website. Michaels Gift Ideas, LLC (LuxuryMGI.com) is not responsible for any inconvenience, loss of profit, or other complication that the Member, his or her business, or his or her customers may experience as a result of the Member’s failure to read and understand all information on the Website. Furthermore, it is the responsibility of the Member to contact and question the B & F System, Inc. customer service representatives regarding any portion of the Website that they have read but do not understand.