Introduction
Welcome to toolsbauer.com (the “Site”), owned and operated by Bauer Tools Inc. (“Bauer”, “we”, “us” or “our”). These Terms of Use (the “Terms”) govern your access to and use of our Site and our online store, services, applications, tools and information we provide on it (collectively, the “Services”).
Please read these Terms carefully before using our Site or Services. By accessing or using the Site or Services, you agree you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you are not granted permission to access or otherwise use the Site or Services.
Key Points
- You must be at least 18 years old or the legal age in your jurisdiction to use our Site and Services. Minors may only use our Site and Services under the supervision of a parent or legal guardian who agrees to these Terms.
- Privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information about you.
- We offer a wide range of products and services. Our online store allows you to order power tools, hand tools, accessories and more. We do our best to describe our products and services accurately. Please review all details and product descriptions carefully before making purchases.
- Product availability and prices may change without notice. We reserve the right to limit quantities and correct errors.
- All sales are final. Please choose your purchases carefully. We do not accept returns except for defective products covered by the manufacturer’s warranty.
- We make shipping and delivery estimates in good faith but cannot guarantee them. Events beyond our control may cause delays.
- User accounts let you store payment information securely for faster checkout. You are responsible for all account activity. Keep your credentials confidential.
- We aim for customer satisfaction, but if an issue arises, our liability is limited as described here in. These Terms constitute the entire agreement between you and Bauer regarding use of our Site and Services.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Privacy Policy is incorporated by reference into these Terms.
Age Requirements
You must be at least 18 years old or reach the age of majority where you live to access and use our Site or Services.
If you are under 18 or the applicable age of majority, you may only use our Site and Services under the supervision of a parent or legal guardian who agrees to these Terms on your behalf. If you do not have consent from a parent or guardian, you must stop using our Site and Services.
Account Registration
Certain features and areas of our Site and Services require you to register for an account. When you register for an account, you agree to provide accurate, current and complete information about yourself. You are responsible for keeping your account information up-to-date and for keeping your credentials confidential.
You are fully responsible for all activities that occur under your account. Contact us immediately if you believe someone has accessed your account without authorization. We will not be liable for any losses caused by any unauthorized use of your account.
You may not use anyone else’s account without permission from the account holder. You may not transfer your account or user ID and password to another person, or use anyone else’s account at any time.
We reserve the right to suspend or terminate accounts that violate these Terms, are inactive for an extended period, or engage in behavior that we determine is potentially illegal or harmful to other users. You may delete your account at any time by contacting us.
Online Store
Our online store allows you to browse, select and purchase power tools, hand tools, accessories, apparel and other products as described on the Site. We do our very best to display colors and other product details accurately online. However, the actual colors and details you see will depend on your device and we cannot guarantee they will exactly match the physical products. Please review product descriptions and details carefully before making purchases.
The prices we charge for products and services may change without notice. We reserve the right to limit quantities and correct errors. Inventory is limited, and products are sold on a first-come, first-served basis. We try to keep our Site and inventory information current but cannot guarantee availability or prices.
Purchases made through our online store are subject to sales tax based on your shipping destination and other factors. Details about sales tax are provided during checkout.
All sales are final. We currently do not accept returns or exchanges except for defective products covered by the manufacturer’s warranty. Please choose your purchases carefully.
We process payments through secure third party payment processors. We may receive order, purchase and shipment information from them.
After you place an order, we will send an order confirmation email with details and estimated delivery timeframe. If we encounter any unexpected delays processing or shipping your order, we will let you know. Applicable shipping charges will be stated during checkout based on your order total, shipping address and other factors.
We ship most products within the contiguous United States, but cannot ship to P.O. boxes or outside the U.S. Certain products have additional shipping restrictions or requirements that will be indicated on the product page and during checkout.
We make shipping and delivery estimates in good faith but cannot guarantee them. Events beyond our control, including adverse weather conditions, natural disasters, and other conditions that affect transport, may cause delays. We are not liable for any delays or failure to deliver products.
Risk of loss for shipped products passes to you when we provide the items to the carrier. You are responsible for notifying us promptly if you do not receive your order or if it arrives damaged. In such cases, we may investigate and require that you complete paperwork to help process an insurance claim.
If you receive an incorrect or defective product, contact us right away. In many cases we can arrange a replacement. Replacement products for defective items covered under the manufacturer’s warranty will be sent once the original defective product is returned to us.
Services and Content Access
Our Site and Services provide a range of services, tools, content and information. These include:
- Product manuals and documentation – We make product manuals, instructions and documentation available for download. These materials are provided under license from the product manufacturers.
- Product information – We provide key details, features, specifications, and additional information about products we sell. We aim for accuracy but cannot be responsible for errors or inconsistencies.
- Service center locator – Our store locator helps you find the nearest service center location. We provide this as a courtesy but cannot guarantee all information is accurate and up-to-date.
- Expert advice – We share tips, guides, techniques, and advice from staff and expert contributors. This content is for informational and educational purposes only. It should not be taken as professional advice. Consult an expert before taking any action.
- Forums and user generated content – Users may post and exchange information, tips, product reviews, and other content through interactive features. We do not control and are not responsible for user generated content. Do not share sensitive or confidential information.
The materials, information and services provided through our Site and Services are for general informational, educational and promotional purposes only. Content is not intended to provide medical, legal, financial or any other type of professional advice.
We make efforts to provide useful, accurate materials but cannot guarantee the availability, accuracy, relevance or completeness of any information. Reliance on any materials or content is at your own risk.
Intellectual Property Rights
Our Site and Services contain proprietary content, information and material protected by intellectual property laws, including copyrights, trademarks, service marks, and patents. You may not modify, copy, distribute, transmit, perform, reproduce, publish, license, transfer, display, create derivative works from, or sell any information or content contained on the Site or Services.
Any use of materials on the Site or Services, including reproduction, modification, distribution, or replication, without the prior written consent of Bauer is strictly prohibited. This excludes your right to print copies of any content for personal use as allowed by copyright laws.
The BAUER name, logo, and all related product names, logos, and slogans displayed on our Site and Services are trademarks belonging to Bauer Tools Inc. and may not be copied, imitated or used without permission. Accessing our trademarks via links or framing may violate our intellectual property rights.
Submitting any materials to our Site or Services, including comments, reviews, ideas, images, videos, or other information, grants Bauer and our affiliates an irrevocable, royalty-free, perpetual license to publish, reproduce, distribute, translate, perform or display such content worldwide, across any medium or platform.
User Content and Conduct
We allow users to post certain content to the Site through interactive features, forums, submission forms and other functionality (“User Content”). User Content must comply with these Terms and all applicable laws.
By submitting any User Content, you grant Bauer an irrevocable, royalty-free, perpetual license to publish, reproduce, distribute, translate, perform and display it on our Site and in any media worldwide.
You are legally responsible for User Content. Do not submit any content that violates copyright, trademark or other laws, or is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or invasive of privacy rights.
We may edit, refuse to post, or remove User Content at any time for any reason in our sole discretion. We may also revoke posting privileges for violating these Terms.
In submitting User Content, you warrant and represent that you own the rights to it, or are otherwise authorized to submit it to Bauer under these Terms, and it does not violate any law or third party rights. Bauer is under no obligation to store or maintain your User Content.
By using interactive features, you agree not to do any of the following:
- Post illegal, offensive or objectionable content
- Impersonate any person or entity or misrepresent your identity
- Violate the rights of others, including privacy and intellectual property rights
- Post personally identifying or sensitive information
- Engage in spamming, advertising or solicitations
- Distribute viruses or any other technologies that may harm Bauer, users or interests
- Harass, threaten or bully other users
- Systematically collect information via robots or scraping without permission
- Disable, circumvent or compromise any security or tools used to detect violations
We have the right to remove any User Content that violates these Terms. You are solely responsible for your interactions with other users, including any reliance on information they provide.
Bauer has no liability related to any User Content, whether created by Bauer or third parties. Bauer may moderate User Content but is not obligated to do so. We do not endorse or make any warranties regarding User Content.
Any use of the Site or Services in violation of these Terms may result in suspension or termination of your access. Bauer reserves the right to pursue any remedies available by law and in equity to address violations.
Accounts and Security
Certain parts of our Site and Services allow registered users to set up accounts. Account creation requires you to submit a valid email address and create a password.
You are solely responsible for maintaining the confidentiality of your account login credentials. Do not share your username or password with anyone else.
Always sign out of your account after using a shared computer. Bauer is not liable for any loss, harm or liability arising from your failure to protect your account credentials.
You must immediately notify Bauer of any unauthorized use of your account. Although we work to secure our Site and Services, Bauer does not guarantee perfect security or account access at all times.
Accounts that remain inactive for an extended period of time may be deleted without notice. We reserve the right to terminate any account for conduct that violates these Terms.
Payments and Checkout
Certain features of our Site and Services involve payment transactions using various methods we make available, such as credit cards, debit cards, gift cards, and third party payment services (collectively, “Payment Services”).
All transactions involve an electronic authorization process. By using Payment Services to initiate a purchase or transaction, you agree that Bauer is authorized to charge your chosen payment instrument at the full amount of the transaction.
Your authorization will remain valid and in effect unless and until you provide written notification requesting cancellation. Such cancellation will only affect future charges and will not modify previous transactions.
Bauer uses third party payment processors and services, such as Shopify and Stripe, to enable payment collection. These processors comply with required industry security standards to protect your data. However, we cannot guarantee or warrant the absolute security of your payment information.
You are responsible for keeping your payment information current, accurate and complete. Please notify us promptly about any errors or changes. By providing payment information, you confirm you are authorized to use the designated accounts and cards.
We reserve the right to pass any increases in payment processing fees along to the customer. All quoted prices for products exclude applicable taxes, duties, shipping charges and other fees that will be presented during checkout. Bauer may change prices or availability without notice.
If your payment fails or an order exceeds available inventory, we will attempt to notify you using the contact information provided. Bauer may place a hold on further purchases or disable accounts with repeated failed transactions.
You will receive an electronic receipt confirming accepted payment and completed transactions. Please retain receipts and transaction records for your files.
Contact Bauer customer service with any payment-related questions or issues. Bauer strives for fast and friendly resolution of any payment problems.
Affiliate Links and Advertising
Bauer may allow select commercial partners and advertisers (“Partners”) to offer products and services on our Site. We may receive compensation when you purchase products or services from Partners.
Our Site may contain sponsored content and affiliate links. Clicking on an affiliate link directs you to a third party site where Bauer may receive compensation or commission on purchases. Bauer selects Partners based on the quality and reliability of their offerings, not because of any commissions received.
The purchase of any product or service from a Partner is made directly from them, not Bauer. We are not responsible for your interactions with Partners or any content, products, services, materials or information provided by Partners. Partner relationships do not imply endorsement or recommendation of any products or services.
Disclaimers and Limitations
The materials, information and services offered on our Site and through our Services are provided on an “as is” and “as available” basis without warranties, representations or conditions of any kind.
We disclaim all express and implied warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Site access will be uninterrupted or error-free. You assume full responsibility and risk of loss resulting from your use of our Site and Services.
The following limitations will apply to you:
- We will not be liable for any indirect, incidental, special, consequential or exemplary damages arising from your use of the Site or Services, including lost profits, goodwill, data, opportunity costs or other intangible losses.
- Our total liability arising from or related to your use of our Site and Services is limited to the greater of $100 or the total amount paid by you to Bauer in the past twelve months. This applies to all legal claims no matter how framed or characterized.
- You agree not to pursue any claim against Bauer more than one year after the cause of action arises.
Certain state laws do not allow limitations on implied warranties or exclusion of damages, so some of these disclaimers may not apply to you. These Terms give you specific legal rights and you may also have other rights which vary from state to state.
We make no representations or warranties that use of our Site or Services, including downloading files or content, will be secure, timely, accurate, complete or free of viruses or other harmful components. You bear the entire risk for any damage that may result from using our Site or Services.
Any reliance upon materials or content posted on our Site and Services is at your own risk. We are not responsible for User Content or any third party content, advertisements or links on our Site.
You acknowledge that temporary interruptions of Site access and Services may occur due to maintenance, technical difficulties or factors beyond our control. We do not warrant continuous or uninterrupted availability of our Site or Services.
Our employees, agents and contractors make no representations or warranties regarding use of our Site or Services. No oral or written information provided shall create any warranty. These disclaimers constitute an essential part of these Terms.
Indemnification
You agree to fully indemnify, defend and hold harmless Bauer Tools Inc. and our officers, directors, shareholders, partners, employees, agents, contractors and affiliates from and against any liability, losses, claims, demands, costs, damages, or expenses (including reasonable attorneys’ fees) that arise from your use of our Site or Services, User Content you submit, or your violation of these Terms.
Bauer reserves the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any such matter without Bauer’s prior written consent.
Modifications and Interruption
We reserve the right to modify or discontinue access to our Site, Services and any portion or feature at any time with or without notice. Bauer will not be liable for any interruption of Site or Service availability or access.
We may establish general practices and impose reasonable limits on use of our Site and Services as needed to operate and protect Bauer, our Site, Services and users.
Children’s Privacy
Our Site and Services are not directed to children under 16 years of age (or other relevant age in certain jurisdictions). Bauer does not knowingly collect information from children in this age group. If you have reason to believe that a child has provided personal information to Bauer through our Site or Services, please contact us so appropriate steps can be taken to remove that information.
International Use
Bauer makes no representations that materials on this Site are appropriate or available for use outside the U.S. If you access our Site or Services from a location outside the U.S., you are responsible for compliance with all applicable laws. Bauer reserves the right to limit Site access and Services to any region at any time.
Dispute Resolution
If any controversy, allegation or claim arises out of or relates to these Terms, Bauer and you agree to make a good faith effort to resolve it directly between us before resorting to more formal means.
If we cannot reach a mutually agreeable resolution within 60 days of the issue being raised, then either party may request binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration will be conducted by a single JAMS arbitrator on a confidential basis.
Arbitration shall take place in Phoenix, Arizona or another mutually agreeable location. The arbitrator’s award will be binding and final. The arbitrator may award injunctive relief and damages to the prevailing party. This agreement is governed by the Federal Arbitration Act.
Governing Law
These Terms are governed by the laws of the State of Arizona without regard to conflict of law principles. Bauer makes no representation that the Site, Services or any content is appropriate for locations outside the U.S. You access our Site and Services at your own initiative and risk.
Consent to Electronic Transactions and Disclosures
Because Bauer operates only online, it is necessary for us to communicate with you electronically. By using our Site or Services, you consent to electronic delivery of all communications related to your use or browsing.
You agree to receive required disclosures, notices and other communications from Bauer electronically to the email address associated with your account. Physical copies will not be sent. You will need to provide and maintain your own device and Internet access capable of accessing PDF files.
Your consent will be effective until you give reasonable notice withdrawing it. You may withdraw consent by closing any Bauer accounts and discontinuing use of our Site and Services. Withdrawing consent does not affect the legal validity or enforceability of any transactions initiated before consent withdrawal.
Severability and Non-Waiver
If any part of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining Terms provisions will remain in full force.
Our failure to act on any breach of these Terms does not waive our right to action on subsequent breaches. No waiver shall be effective against Bauer unless made in writing and signed by our authorized representatives.