Terms & Conditions
Effective August 16, 2019
WARNING: ReaLifeSim products are intended exclusively for educational purposes and only under the supervision of a licensed clinical trainer/educator. It is strictly prohibited for use in medical situations.
B & G Educational Innovations, LLC (www.bgei-educational.com ) owns and operates this Website, hosted by SquareSpace. This document governs your relationship with B & G Educational Innovations (www.bgei-educational.com). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some part or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and B & G Educational Innovations (www.bgei-educational.com) will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights for all software and content (including photographic images) made available to you on or through this Website remain the property of B & G Educational Innovations (www.bgei-educational.com) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by B & G Educational Innovations (www.bgei-educational.com) and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Purchasers shall not analyze, deconstruct, decompile, or reverse engineer or cause a third party to analyze, deconstruct, decompile or reverse engineer any B & G Educational Innovation, LLC designed, developed, manufactured, and distributed products for any purpose at any time.
Distribution times may vary according to availability and are subject to any delays resulting from postal delays or force of nature for which we will not be responsible.
In order to contract with B & G Educational Innovations (www.bgei-educational.com) you must be over 18 years of age and possess a valid method of payment (Paypal, iApplePay, credit or debit card issued by a bank acceptable to us.) B & G Educational Innovations (www.bgei-educational.com) retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be B & G Educational Innovations (www.bgei-educational.com) or may in some cases be a third party. Where a contract is made with a third party B & G Educational Innovations (www.bgei-educational.com) is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of distribution will be included in the contract formed.
(b) Pricing and Availability
While we try to ensure all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery (shipping and handling) costs will be charged in addition to individual product costs. They are clearly identified and included in the 'Total Cost' on the invoice. The handling fee covers the cost of expenses related to fulfillment. Handling fees are charged once per order but not to each individual product in an order. The shipping method and fees continue to be determined by the customer’s choice of carrier, with One Rate FedEx as the default.
We so accept payment by Purchase Order. By placing an order with us, you warrant that: (1) all payment information provided by you is truthful and accurate; (2) the credit card or bank payment account you use to pay for your order has sufficient funds to cover the full transaction amount of your order (i.e., purchase price plus applicable taxes and shipping and handling charges), and is active and has not expired or been cancelled; and (3) you are the holder (or authorized user) of the credit card or bank payment account you use to pay for your order, and you authorize the full transaction amount of your order to be charged to your designated card or bank payment account.
If payment is made on the Website, payment processing is handled through the e-commerce services of SquareSpace. A standard pre-authorization check on your payment may occur to ensure there are enough funds to fulfill the transaction. If the issuer of your payment refuses to or does not authorize payment for any reason, you will be notified of this immediately during checkout or with a follow-up communication during the next regular business day. Your payment may be also be declined if the billing information provided does not match the bank records or your card has expired or been cancelled. Upon successful checkout, your credit card or bank payment account (as applicable) will be charged the full transaction amount. “Successful checkout” indicates the occurrence of the following: (1) you confirm and submit your order; (2) we accept your order; (3) if you pay by credit card, your pre-authorization was approved; and (4) your card’s issuing bank or the bank payment account (as applicable) has not declined the transaction for any reason.
(d) Warranty, Returns and Refunds
All ReaLifeSim and VetReaLifeSim products are guaranteed against defects in materials or workmanship for 1 year from the date the product is received. If something appears to be failing, we will take care of it for you by either repairing or replacing the product based on the specific needs of each case. If you experience any challenges or are dissatisfied with your products when they arrive, please let us know and our staff will work with you to find a reasonable solution.
Customers are encouraged to contact us immediately if you are unsatisfied with your order. We accept returns and exchanges on unused products for 3 weeks from the date the product is received.
If you are not completely satisfied with your purchase, you are welcome to send the unused items back for an exchange or full refund (less shipping) within the 3 week period. Your returned item(s) must be unused and in the same condition you received it(them) and must be in the original packaging with the receipt or proof of purchase.
For returns and exchanges outside of the 3 week period special accommodations must be approved. All returns outside of this period will only be eligible for product credit and will be subject to a 20% restocking fee. Custom products (items with modifications at a customer’s specific request) are non-returnable.
Once we receive your item, we will inspect it and notify you that we received your returned item. We will notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your original method of payment.
Disclaimer of Liability
ReaLifeSim products are intended exclusively for educational purposes and only under the supervision of a licensed clinical trainer/educator. It is strictly prohibited for use in medical situations. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law B & G Educational Innovations (www.bgei-educational.com) and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this product, Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with B & G Educational Innovations (www.bgei-educational.com) and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to B & G Educational Innovations (www.bgei-educational.com).
B & G Educational Innovations (www.bgei-educational.com) is furnishing ReaLifeSim items "as is". B & G Educational Innovations (www.bgei-educational.com) does not provide any warranty of the item whatsoever, whether express, implied, or statutory, including, but not limited to, any warranty of merchantability or fitness for a particular purpose or any warranty that the contents of the item will be error-free.
In no respect shall B & G Educational Innovations (www.bgei-educational.com) incur any liability for any damages, including, but limited to, direct, indirect, special, or consequential damages arising out of, resulting from, or any way connected to the use of the item, whether or not based upon warranty, contract, tort, or otherwise; whether or not injury was sustained by persons or property or otherwise; and whether or not loss was sustained from, or arose out of, the results of, the item, or any services that may be provided by B & G Educational Innovations (www.bgei-educational.com). ReaLifeSim products are intended exclusively for educational purposes and only under the supervision of a licensed clinical trainer/educator. It is strictly prohibited for use in medical situations.
You agree to indemnify, defend and hold harmless B & G Educational Innovations (www.bgei-educational.com), its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the products or this Website or your breach of the Terms of Service.
B & G Educational Innovations (www.bgei-educational.com) shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by sending an email to firstname.lastname@example.org.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and B & G Educational Innovations (www.bgei-educational.com). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of B & G Educational Innovations (www.bgei-educational.com).