TERMS & CONDITIONS
Please read these Terms and Conditions Carefully.
These Terms and Conditions (“Terms and Conditions”) outlined below, contains the terms that govern your access, use, rights and obligations in relation to access to information and purchase of products through www.bakkanfishing.com (the “Website”) run by Bakkan Fishing, a Utah company having its principal place of business and head office based at 4530 Harrison Blvd, Ogden, UT 84403 (“Bakkan Fishing,” “we,” “us,” or “our”).
These Terms and Conditions are the “Agreement” between Bakkan Fishing, and you or the entity you represent (“you”).
You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
By accessing the Website, reading the articles we post and/or purchasing products, you agree to be bound by the terms and conditions of this Agreement.
1. About Bakkan Fishing
a) Bakkan Fishing specializes in building custom fishing rods using only the highest quality materials and designed according to your exact specifications and preferences, so you can experience fishing at your maximum potential.
b) Every fishing rod we build is completely unique and made to order, from the rod blank to the guides, reel seat, thread wrap pattern and colors. We are proud to always go the extra mile towards helping you fish with style.
2. Accessing and using Bakkan Fishing
a) Anyone can access our Website. However, to order and purchase our Products, you will need to register as a User by signing up and creating an account. For that purpose, you must be at least 18 years of age. To create an account, please go to the Sign-Up page.
b) You are not eligible to use Bakkan Fishing if we have temporarily suspended or previously terminated your access to the Website and we have not expressly authorized you in writing to resume using Bakkan Fishing.
3. Account registration
a) You can sign up and create your account on the Sign-Up page. During the registration process, you will be asked to confirm your acceptance of this Agreement.
b) You must make sure that all the information you provide when you register with Bakkan Fishing is true, accurate and current and complete. If you change any of your registration details (e.g. email address, postal address), you must update your account.
c) Your account is for your personal use only. To help us maintain the security of Bakkan Fishing, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into Bakkan Fishing as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so.
d) If you become aware of any misuse or unauthorized use of your login details, then you must inform us immediately by sending an email to us.
e) In the event that you have, or we have reason to believe that you have breached, or will breach this Agreement, we may terminate or suspend your registration and/or access to Bakkan Fishing and/or to any content made available on Bakkan Fishing.
4. Online Account
a) Once you register for an account, we will send you a welcome email containing a link to activate your account. You must click on the link contained in the welcome email for your account to be activated.
b) After activating your account, you can login by using the username and password used during the registration progress.
c) Your online account will contain personal information about yourself, order details (if any), and other important information. Once you are logged in to your online account, you are then able to place an order for our Products.
5. Our Products
5.1 Build Your Product
a) Through the functionality we’ve built into the Website, you are able to custom build any Product you need by customizing its aspects such as but not limited to colors, grips, names etc.
b) Once you’ve selected the desired customizations for your Product, you will be able to preview it and make further customizations (if needed) or place an order for the Product.
5.2 Product Pricing, Availability
a) When purchasing any Product, the price then presented to you after you are finished custom building it, shall apply. Please note that we may revise the individual components of the Products from time to time and without notice.
b) We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part(s) that make up the Products, with or without notice.
5.3 Products Color Disclaimer
a) Although we have made every effort to display the colors accurately, the images of the Products on our Website are for illustrative purposes only.
b) We cannot guarantee that your computer's display of the colors accurately reflects the color of the Products, the received Products may vary slightly from those images.
6. Purchasing Products; Making Payments
6.1 Products Purchase
a) In order to purchase our Products, you must register for an account with us through the Website. If you already have an account on the Website, you can log into your account using your username and password.
b) Once you’ve custom built the required Products, you can proceed to add to cart and make payments to place an order.
6.2 Making Payments
a) Payment can be made by Visa, Visa Electron, Visa Debit, MasterCard, or PayPal. You must be able to confirm that the credit/debit card or online account that is being used is your own, or that you have been specifically authorized by the owner of the credit/debit card to use it.
b) All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Bakkan Fishing, we will not be liable for any delay or non-delivery. Where applicable, prices are inclusive of VAT.
c) All credit/debit card transactions on this site are processed using secure third party online payment gateways that encrypt your payment details and other transaction data in a secure host environment.
7. Processing, Shipping and Inspection
7.1 Processing Guidelines
a) We must receive payments for any custom-built Products before we can process any order. We will contact you if additional identification is needed for credit card verification.
b) All custom ordered Products will be processed and shipped out within 10 – 15 business days after we receive payments and all other important information for that order.
7.2 Shipping and Tracking Number
a) We only ship to addresses located within the United States.
b) When you place your order, you will get an approximate delivery time based on the availability of your items and order processing time. Depending on your region, shipping charges and delivery date estimates will appear on the order page.
c) Please note that the delivery dates stated on your order page are approximate and for guidance purposes only. Actual delivery dates may vary.
d) Once your order is shipped, we will send you a tracking number through email. Please note that it may take up to 48 hours before the tracking number can be updated online.
a) You are required to inspect the delivered Products once you receive you order and ensure that the Products are in “as expected” condition. b) In the event they are not in an “as expected” condition, please Contact Us as soon as possible, with all necessary information, including photographic proof.
8. Additional Provisions
8.1 Bakkan Fishing Website Content
a) All of the content on the Website is owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vest in) Bakkan Fishing and is protected by copyright law and other intellectual property rights.
b) Bakkan Fishing content includes any information or other material found on or via Bakkan Fishing, including without limitation text, databases, graphics, videos, software and all other features found on or via the Website.
c) We make our content and any UGC available through the Website for your personal, non-commercial use only. You may view Bakkan Fishing’s pages and content online and print a copy of this Agreement for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on Bakkan Fishing without our prior written consent.
8.2 Third Party Links
a) You acknowledge that Bakkan Fishing may include links to third-party Websites. We do not review these third-party Websites nor have any control over them, and we are not responsible for the Websites or their content or availability.
b) We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them. If you decide to access any of these third-party Websites, you do so entirely at your own risk.
8.3 No Promises; Disclaimer
a) We only promise that we will operate Bakkan Fishing with reasonable skill and care.
b) Otherwise, the content and services available on Bakkan Fishing are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable, we disclaim any and all promises, warranties, conditions, or representations relating to Bakkan Fishing and its content, whether express, implied, oral or written. In particular:
i) We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on Bakkan Fishing and you should not rely on it being accurate, truthful or complete.
ii) We are not responsible for verifying the ownership of any content posted or uploaded onto Bakkan Fishing.
iii) We cannot guarantee and shall not be liable to you in relation to the performance or reliability.
iv) You agree that your access and use of Bakkan Fishing and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on Bakkan Fishing is used.
a) You agree only to use Bakkan Fishing in accordance with this Agreement.
b) You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of this Agreement or any liability we incur as a result of the use of Bakkan Fishing by you and any other person that uses your account with your permission or as a result of your negligence.
a) We may terminate your access to the Website and online account without cause or notice, which may result in the forfeiture and destruction of all information associated with you.
b) Reasons for termination include, but not limited to:
i) Breach of the terms of this Agreement
ii) if we are advised by our legal counsel that your use of the Website and/or submitted UGC violates any jurisdictional laws.
c) All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Force Majeure
Bakkan Fishing shall not be liable to you for any breach of its obligations or termination under this Agreement arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes or government regulations.
11. Governing Law and Dispute Resolution
a) You agree that the laws and regulations of the State of Utah govern this Agreement, its subject matter, and any claim or dispute that you may have against us.
b) You further agree that any disputes or claims that you may have against us will be resolved amicably and in good faith between you and Bakkan Fishing, prior to resorting to binding Arbitration in accordance with the rules and procedures of the American Arbitration Association.
a) We may modify or change any part of this Agreement at any time, without prior notice. You can review the most current version of this Agreement by clicking on the “Terms and Conditions” hyperlink contained on the Website. You are responsible for checking his Agreement periodically for any changes.
b) If you continue to access the Website after we make any changes to this Agreement, you are signifying your acceptance of the new terms.
13. Entire Agreement
This Agreement, together with other applicable policies available on the Website, constitutes the entire and exclusive understanding and agreement between you and us regarding its subject matter and supersedes any and all previous understandings and agreements, whether written or oral, regarding such subject matter.
14. Limited Lifetime Warranty
All personalized custom rods manufactured by Bakkan Fishing are covered under a limited lifetime warranty. The stated warranty covers defects in materials of the rod and/or workmanship errors. The warranty does not cover misuse or abuse of the rod, fishing outside the marked limitations of the rod, or natural wear and tear of using the rod.
15. Contacting Us
If you have any questions about the terms and conditions contained in this Agreement, please feel free to Contact Us.