Welcome to Davis-Bailey.com® (“Web Site”)!

Legal Statement

Davis-Bailey © All Rights Reserved.

Copyright 2016 Davis-Bailey© is a registered trademark of Davis-Bailey, LLC.

All of the Content on this website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Davis-Bailey, LLC. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this website is strictly prohibited. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Davis-Bailey, LLC. reserves complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content. One or more patents may apply to this Web site.

Terms & Conditions

Please take a few minutes to review these Terms and Conditions. These Terms and Conditions apply to your access and use of the Web Site and our mobile applications. Your use of our Web Site or our mobile application constitutes your agreement to follow these Terms and Conditions and to be bound by them.

These Terms and Conditions May Change.

Davis-Bailey, LLC. reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.

Shipping and Processing Fees

Our “Free Shipping” policy is for items being shipped inside the contiguous U.S. only.  These items will ship for free if the total merchandise total is $49 or more. In order to keep your costs down and our pricing simple, we either provide free shipping for applicable orders, flat rate shipping or, in certain cases, charge shipping per item.  All items outside of the U.S. will incur a shipping charge. This charge, if any, is indicated in your shopping cart when you are checking out.  We won’t surprise you with any hidden charges or handling fees. The price you see in the shopping cart is the price you pay, with one exception: if you are ordering from Florida, we are required to charge sales tax.
Beware of companies who mask their shipping charges and surprise you with prohibitive shipping and handling fees or oversize charges at the end of the checkout process. Make sure you know the total cost of your purchase when shopping around.
We try to keep it as simple as possible – our pricing is straightforward, which saves you time and energy.

 

We are currently only shipping within the United States however we plan to expand our shipping capabilities soon to other Countries.

Lead-Time
The average delivery times posted on our website are for orders shipping within the contiguous United States.  Items outside the U.S. will take longer.  Each product will have an approximate lead-time or approximate shipping time frame.  All products are different.

Receipts
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Davis-Bailey, LLC. reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Davis-Bailey, LLC. reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).  Davis-Bailey, LLC. reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Davis-Bailey’s sole discretion.

Returns and Refunds

Each product will state whether or not it can be returned for a refund or credit and how long from the date of order returns will be accepted if any.  Products with warranty information, will be posted for each product and you may be required to ship it back to the manufacturer directly.  We however will give you all the information required on the product page or you can email us at customerservice@davis-bailey.com and we will be happy to assist you.

Davis-Bailey Gift Card Terms and Conditions
The following terms and conditions (the “Terms”) apply to any Davis-Bailey gift card or electronic gift card originally purchased by you or someone on your behalf (the “gift card”) through the Davis-Bailey.com website. Gift cards are issued by Davis-Bailey, LLC. By purchasing a gift card, accepting and retaining a gift card, or using a gift card, you agree to these Terms.

  • Gift cards are only valid in the United States of America. Void where prohibited.
  • Gift cards can only be redeemed through one of the Davis-Bailey, LLC. websites.
  • Gift cards cannot be used to purchase other gift cards.
  • Gift cards are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law.
  • Use of the gift card is limited to the amount of funds held on the gift card. The full amount of each purchase, including taxes, will be deducted from the funds held on the gift card, up to the total funds available on the gift card. Any unused balance will be placed in the recipient’s gift card account and is not transferable. If you make a purchase and there are insufficient funds held on the gift card to cover that purchase, you must pay the difference by a valid credit card or debit card.

The risk of loss and title for gift cards pass to the purchaser upon our electronic transmission to the purchaser. We are not responsible for and will not replace lost or stolen gift cards. Protect your gift card as if it were cash and safeguard the gift card from unauthorized use.
Davis-Bailey may provide gift card purchasers with information about the redemption status of gift cards.
Davis-Bailey reserves the right to change these Terms from time to time in its discretion. Such revised terms will be effective as to any gift cards purchased after the date said revised Terms are posted to the Davis-Bailey websites.
Resale of a gift card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the gift card is a limited right, subject to these Terms and applicable law. We are not responsible for pricing, typographical, or other errors, in any offer and reserve the right to cancel any orders resulting from such errors.
If we suspect any fraud or misuse in connection with a gift card, we reserve the right in our discretion to suspend or terminate use of the gift card.
The consideration paid for the gift card, including any unredeemed balances, is the property of the Davis-Bailey, LLC.
We reserve the right to obtain personal information about you in accordance with the privacy policy found here if such information is necessary to service the Card or respond to your inquiries or for other purposes.
If any one or more of the covenants, agreements, provisions or terms of these Terms shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of these Terms shall in no way affect the validity or enforceability of the other provisions of these Terms.
These Terms sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by these Terms. All terms and conditions set forth herein are applicable to the extent permitted by law.

Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords.
Pursuant to California Civil Code Section 1789.3, Davis-Bailey provides users of the Site with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Disclaimer of Warranties
Davis-Bailey, LLC. intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Site and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, DAVIS-BAILEY, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitation of Liability
IN NO EVENT WILL DAVIS-BAILEY, LLC. OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION OR SERVICES ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF DAVIS-BAILEY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Site or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
Regardless of the previous paragraphs, if Davis-Bailey, LLC. is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100.

Use of Our Web Site

User Comments

We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Web Site shall be and remain the exclusive property of Davis-Bailey, LLC. Your submission of any such Comments shall constitute an assignment to Davis – Bailey, LLC. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Davis – Bailey, LLC. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Hyperlinks to other Web Sites

To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Davis – Bailey, LLC. does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

Disclaimer

This Web Site and our mobile applications, and all Content available on this Web Site, our mobile applications, or both, are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose. You acknowledge, by your use of this Web Site or our mobile applications, as applicable, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that Davis-Bailey.com shall not be liable for any damages of any kind related to your use of this Web Site or our mobile applications. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Product Pricing Information

The prices displayed on our Web Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. If you are in the U.S. or Canada, Web Site prices will be displayed in U.S. Dollars. Elsewhere Web Site prices will generally be displayed in the local currency. The prices displayed in our printed catalogs are quoted in U.S. Dollars and are valid and effective only in the U.S.

For full-price products, “Suggested Price” or “Sugg. Price” refers to the manufacturers’ suggested retail price. “Our Price” refers to the everyday value price we offer to our customers. For sale products, “Suggested Price” or “Sugg. Price” refers to the most recent selling price. “Sale” refers to the reduced price we are offering to our customers.

Special Offers and Coupons

Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers will be for a limited time only and as available.   Some exclusions apply to our coupons as certain products are not able to be discounted.  Exclusions will be listed accordingly.  Davis – Bailey, LLC. redeems the right to add any items at any time to the exclusions of said coupons.

Inaccuracy Disclaimer

From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Davis – Bailey, LLC. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Any action relating to the use of the Web Site, catalogs or any transaction with Davis-Bailey, LLC. must be brought in the State or Federal courts located in the County of LaBelle, Florida.

Last Updated: July 2016

Privacy Policy

Davis – Bailey, LLC. is committed to respecting your privacy and recognizing your need for appropriate protection and management of contact information you share with us (the phrase contact information means any information by which you can be contacted or identified, such as your name, mailing address, email address, telephone number, etc.). The purpose of this Privacy Policy is to inform you what information we may collect from you, how we use such information, and the choices you have regarding our use of, and your ability to review, correct and opt out of our use of, the information. This Privacy Policy applies to information we collect about you in our stores and through our websites and mobile applications. By using any of our web sites, mobile applications, or sharing your contact information with us, you are accepting and consenting to the practices described in this Privacy Policy.

As a part of our commitment to your privacy, Davis – Bailey, LLC. will support and adhere to the guidelines and practices adopted by the Direct Marketing Association’s Privacy Promise to American Consumers. We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale, or exchange with other marketers; (2) honor customers’ requests not to share their contact information with other marketers; and (3) honor customers’ requests not to receive mail, telephone, or other solicitations from Davis – Bailey, LLC.

Collecting Information About You

There may be times (such as when you purchase or order a product, subscribe to a service, register to receive catalogs, or to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, birth date, gender, occupation, personal interests, and other information. We may also maintain a record of your product purchases.

Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our web sites. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.

In general, you can visit many of our web pages without telling us who you are or revealing any contact information about yourself. We may track the Internet domain address from which people visit us and analyze this data for preferences, trends, and site usage statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are. We may also receive anonymous usage data from your mobile phone or other device you use to access our web sites or our mobile applications, including location data.

If you access any of our websites or mobile applications with your log-in credentials from a social networking site (e.g., facebook or twitter) or if you otherwise agree to associate your account with us with a social networking site, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. We may add this information to the information we have already collected from you via our stores, websites and mobile applications.

Using Information About You

We use your contact information for internal purposes only, such as:

  • confirming and tracking your order, subscription, or registration;
  • analyzing preferences, trends, and statistics;
  • informing you of our new products, services, and offers; and
  • providing you with other information from and about Davis – Bailey, LLC. and/or any other brands we own.

We process your contact information only in ways compatible with the purposes for which it was collected or authorized by you. To the extent necessary for such purposes, we take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable with regard to its intended use.

From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. These are known as our Select Partners. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you.

To serve you better, we may combine information you give us online, in our stores or through our catalogs. We may also combine that information with publicly available information and information we receive from or cross-reference with our Select Partners and others. We use that combined information to enhance and personalize the shopping experience of you and others with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

We may contract with companies or persons to provide certain services including credit card processing, shipping, data management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.

We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web sites. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third party web beacon to collect this information. Our systems do not recognize “Do Not Track” signals, but several of these third party companies who utilize these cookies or beacons on our web sites enable you to opt out of this behavioral advertising. To learn more or opt out from these companies you can visit http://www.networkadvertising.org/. We also provide you with additional tools to opt out of marketing from us or certain transfers of your information. You can learn about this in the “Opting Out of Marketing and Transfers” section of this Privacy Policy.

We may share contact information and other data with businesses controlling, controlled by, or under common control with any Davis-Bailey, LLC.

In certain instances we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Davis – Bailey, LLC. or to others. We may also disclose your contact information when we believe the law or legal process requires it.

Opting Out Of Marketing And Transfers; Updating and Deleting Information About You

We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us or from our Select Partners, or if you would like to opt out of our rental or exchange of your information with other marketers, please let us know. You can send us an email at customerservice@davis-bailey.com. Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other contact information with us please contact us the same way. If you like, you may use either of the following statements in your message to us:

  1. I prefer not to receive email advertisements, such as updates regarding products and services, special promotions or upcoming events.
  2. I prefer not to receive direct mail advertisements, such as periodic catalogs and mailings regarding products and services, special promotions or upcoming events.

You may also click the designated link at the bottom of all email advertisements to be removed from future email updates.

Please note that any requests to remove or update your contact information may take up to five days for your email request and 6-8 weeks to process your postal mail request.

International Customer Privacy

For international shipping orders, Davis-Bailey, LLC partners with a third party to process your order accordingly.

When we identify that your order is one that will be shipped internationally, we work with our third party provider to complete your order. On the checkout page, you will be required to submit credit card and contact information (name, billing address, shipping address, email address and phone number) to the third party to complete your order. Upon completion of your order, the third party will notify us of the approval of your order, and we will then ship approved orders to third party. Simultaneously, the third party will purchase the product from us, which allows them to take title to the product(s), bill your credit card, collect and remit any duties and taxes to the appropriate taxing authority and arrange for the product to be delivered to you. In this process, the third party makes the sale to you as the merchant of record. When ordering a product, you will be presented with the third party’s terms and conditions to which you must agree in order to receive the product(s) you ordered.

Once you place your order, you will be prompted to check the box to indicate if you would like to receive information from Davis-Bailey.com regarding offers and promotions that may be available from time to time. If you check the box, our third party will share your information with Davis – Bailey, LLC. and we will protect and use your information in accordance with this Privacy Policy.

If you choose to provide Davis – Bailey, LLC. with your information, you consent to the transfer and storage of that information on our servers located in the United States.

Cookies

When you visit our web sites, we send one or more cookies to your computer or other device. We may also use cookies in emails that you receive from us. A cookie is a small data file that is placed on the hard drive of your computer when you visit a web site. A session cookie expires immediately when you end your session (i.e., close your browser). A persistent cookie stores information on the hard drive so when you end your session and return to the same web site at a later date the cookie information is still available. Generally, we use cookies to improve the quality of our service when you visit our web site and other web sites of interest to you. We also use cookies to remind us of who you are, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our web sites and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns.

You may turn your cookies off on your web browser or not allow cookies on your browser, however, certain features of our web sites or other services may not work if you delete or disable cookies.

Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our web sites use Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.

We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.

Protecting Children

Davis – Bailey, LLC. takes special care to protect the safety and privacy of children. Our web sites are general audience sites. We do not permit anyone under the age of 13 to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of 13.

Children under the age of 13 should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the Internet.

Links to Third Party Web Sites

Our web sites may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked web sites may be different from our privacy policy. You access such linked web sites at your own risk. You should always read the privacy policy of a linked web site before disclosing any of your information on such web site.

Policy Changes

If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our web sites, as applicable. Those changes will go into effect on the effective date posted in the notice and at the end of the revised Privacy Policy. The new policy will apply to all current and past users of our web sites and will replace any prior policies that are inconsistent. Your continued use of our web sites or other services constitutes your acceptance of the practices described in the revised Privacy Policy.

Effective Date: May 1, 2015