This website is operated by Bay Ltd, trading under the name of By Merryn, a company registered in England and Wales under registration number 13402185. Throughout the site, the terms "Bay ByMerryn, “Bay”, “we”, “us” and “our” refer to Bay Ltd, trading under the name of By Merryn Bay offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including any additional terms, conditions and policies referenced herein and/or made available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to or comply with all of the Terms of Service, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the website from time to time shall also be governed by the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or the Service following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Online shop terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or state, or that you are the age of majority in your country or state and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our website or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any applicable laws (including but not limited to copyright laws).
When accessing or using our website you must not transmit any worms or viruses or any code of a destructive or malicious nature.
A breach or violation of any of the Terms of Service will result in an immediate termination of the provision of our Services to you.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit or debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit or debit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the Service is provided.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the application or interpretation of these Terms of Service.
Accuracy, Completeness and Timelines of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time and from time to time to modify, suspend or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any price change or any modification, suspension or discontinuance of the Service.
All products are subject to availability, which means we may not be able to supply your order until we have checked and, if necessary, replenished our stocks.
All products are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display on the website as accurately as possible the colours and images of our products. We cannot guarantee that your device’s display of any colour or image will be accurate.
All sizes and measurements displayed on the website are approximate.
Promotions offered on our website from time to time may not always be available.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right at any time and from time to time on a case-by-case basis and at our sole discretion. We reserve the right at any time and from time to time to limit the quantities of or discontinue any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime and from time to time without notice, at our sole discretion. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or provided to you will meet your expectations, or that any errors in the Service will be corrected.
Delivery and responsibility
Once an order is delivered by the postal or courier service it is considered to be in the care of the customer and is their responsibility it it's entirety. We have no responsibility for goods once they are deemed in the care of a customer, including but not limited to theft.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit or debit card, and/or orders that use the same billing and/or postal address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address and credit and/or debit card numbers, expiry dates and security codes, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools which we neither monitor nor over which we have any control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources or content from, or any other transactions made in connection with, any third-party including but not limited to any third party website. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove from your comments content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments sent or posted by you or any third-party.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product postage charges, transit times and availability. We reserve the right at any time and from time to time to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or national regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to immediately terminate without notice your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee, warrant or represent that the results that may be obtained from the use of the Service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable to the maximum extent permitted by law for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured or purchased using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content posted, transmitted or otherwise made available via the website or Service.
You agree to indemnify, defend and hold harmless the company and our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may deny you access to any or all of the Service and may terminate this agreement at any time without notice and you will remain liable for all amounts due to us for products or services that have been supplied or provided by us.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
By accessing or using the website you acknowledge that you have not been induced to engage in the Service or agree to be bound by the Terms of Service by any representation, warranty or undertaking not expressly set out in the Terms of Service. To the extent permitted by law, all other warranties and guarantees implied by statute, common law or otherwise are excluded.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction in relation to all disputes and all claims, demands, causes of action, controversies and other matters in question arising out of or relating to these Terms of Service, including but not limited to any question regarding their breach, validity or termination.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org