General terms & conditions

Terms and Conditions

 

  • About These Terms And Conditions
  • Use of our Website
  • Legal Capacity To Transact
  • Intellectual Property
  • Domestic Sales Only
  • Placing Your Order
  • Payment Methods And Processing
  • Sales Tax
  • Title to and Risk in Goods
  • Prices
  • Errors and Omissions
  • Shipment of Your Products
  • Delivery Of Your Products
  • Returning a Product
  • Exchanging a Product
  • Your Data – Use and Protection
  • Links
  • General
  • Force Majeure
  • Disclaimer of Limitation and Liability
  • Indemnification
  • Entire Agreement
  • Waiver
  • Headings
  • Severability
  • Sovereign Immunity
  • Governing Law

 

About These Terms and Conditions

 

In these Terms and Conditions "we" and "us" mean Bkedé o Mshiké General Store, 1485 Mno-Bmadzewen Way, Fulton, MI 49052 and "you" means you the customer. These Terms and Conditions (Terms) together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

 

Use of our Website

 

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

 

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. 

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

 

Legal Capacity to Transact

 

If you are under the age of eighteen (18) years you cannot place orders with Bkedé o Mshiké. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Bkedé o Mshiké suffer any damage or other losses as a result of a transaction entered into by a minor, Bkedé o Mshiké reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Bkedé o Mshiké.

 

Intellectual Property

 

All text, graphics, button icons, images, audio clips, and software (collectively,

"Content"), belongs exclusively to the Nottawaseppi Huron Band of the Potawatomi or Bkedé o Mshiké. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to the Nottawaseppi Huron Band of the Potawatomi or Bkedé o Mshiké. All software used on this Site (the "Software") is the property of the Nottawaseppi Huron Band of the Potawatomi, Bkedé o Mshiké, or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. By using this Site, you understand and agree that the use of any of our Content without our express written consent is strictly prohibited.

 

Domestic Sales Only

 

We sell and ship Products only within the United States. We will not make deliveries outside of the United States.

 

Placing Your Order

 

You may place an Order by filling in the Order Form on the Bkedé o Mshiké Web Site and clicking the "Submit My Order" button. When you place your Order, we will issue you an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Bkedé o Mshiké website constitutes an invitation to make an offer. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however, Bkedé o Mshiké will make every effort to supply Products to you.

 

We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Bkedé o Mshiké and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

 

Payment Methods and Processing

 

Bkedé o Mshiké currently accepts Visa, MasterCard, Discover, and American Express. Order processing will not begin until we receive all the information we need for payment. Orders placed on a weekend or a public holiday will not begin order processing until the next business day. Business days are Monday through Friday, excluding official Nottawaseppi Huron Band of the Potawatomi holidays. Credit card payments are processed after you click the "Submit My Order" button. For credit card payments we will email a receipt to you with your Order Confirmation. Your receipt is your proof of purchase.

 

Please Note: Debit cards and check cards have daily spending limits that may substantially delay the processing of your order. You may be required to provide further identification for additional security reference checks.

 

Sales Tax

 

All purchases through Bkedé o Mshiké are subject to the Huron Band of the Pottawatomi’s Retail Sales and Food and Beverage Tax. If you have any questions or concerning about exemptions to the sales tax, please contact us at 269.729.8355 or Bkede@nhbpi.com before placing your order.

 

Title To and Risk in Goods

 

Title to all goods will pass to you on the later of:

  1. Bkedé o Mshiké being satisfied of the outcome of any credit, criminal or fraud checks in relation to a customer or their purchase;
  2. a complete and accurate order being placed and submitted by you to Bkedé o Mshiké ; and
  3. the successful processing of your payment.

 

Unless you purchase optional insurance at the time of placing your order, you assume all risks of theft or loss of goods occurring during transportation and delivery.

 

Prices

 

Bkedé o Mshiké seeks to list Products at competitive prices. Bkedé o Mshiké reserves the right to change prices for Products displayed at Bkedé o Mshiké at any time before you place an Order. The price of products shown excludes shipping costs. Shipping cost is a separate charge which is shown on the product page and is calculated upon zip code entry.

 

Please note that promotional prices and shipping offers do not apply to wholesale, bulk or commercial orders.

 

Errors and Omissions

 

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. 

 

Shipment of Your Products

 

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. Shipping costs are based on the weight of your order and the delivery method. To find out how much your order will cost, simply add the items you would like to purchase to your cart, and proceed to the checkout page. Once at the checkout screen, shipping charges will be displayed.

 

Additional shipping charges may apply to remote areas or for large or heavy items. You will be advised of any charges on the checkout page.

 

Delivery of Your Products

 

Items offered on our website are only available for delivery to addresses in the United States.

 

Unless there are exceptional circumstances, we make every effort to fulfill your order within [15] business days of the date of your order. Business day means Monday through Friday, except holidays. Please note we do not ship on weekends.

Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered. Products may also be delivered in separate shipments. Special delivery instructions may be requested on the check-out page of our web-site.

 

If you have any questions about the delivery and shipment or your order, please contact us at 269.729.8355 or Bkede@nhbpi.com

 

Returning a Product

 

Subject to the limitations below, we accept the return of unopened Products in the original packaging within 30 days of your purchase with receipt or proof of purchase. If 30 days or more have passed since your purchase, we cannot offer you a refund or an exchange.

 

Sale items and food items are non-refundable.

 

Upon receipt of the returned item, we will fully examine it and notify you via email, within a reasonable period of time, whether you are entitled to a return. If you are entitled to a return, we will refund your purchase price and a credit will automatically be applied to your original method of payment.

 

Refunds do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns must be prepaid and insured by you. You are responsible for any loss or damage to Product during shipment. We do not guarantee that we will receive your returned item. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping

 

Exchanging a Product

 

We only exchange Products if they are defective or damaged. In circumstances where you consider that a product is defective, you should promptly contact us at 269.729.8355 or Bkede@nhbpi.com with details of the product and the defect.

 

Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a replacement as a result of the defect. If you are eligible, we will send you a replacement product. 

 

Your Data - Use And Protection

 

We collect, use and disclose your personal information to provide you with the product or service you have requested. The purposes for which we collect personal information will be identified before or at the time we collect the information.  In certain circumstances, the purposes for which information is collected may be clear, and consent may be implied, such as where your name, address and payment information is provided as part of the order process. Please note that we use a merchant service provider to process card transactions. Your personal information is transmitted directly to our merchant service provider and will only be used and stored to process your payment and to improve and enhance services offered to us by the merchant service provider. Personal information will only be retained by us for the period of time required to fulfill the purpose for which it was collected or as may be required by law.

 

Providing us with your personal information is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our products or services. We will not require you to consent to the collection, use, or disclosure of information as a condition to the supply of a product or service, except as required to be able to supply the product or service.

 

A cookie is a small computer file or piece of information that may be stored in your computer's hard drive when you visit our websites. We may use cookies to improve our website’s functionality and in some cases, to provide visitors with a customized online experience.

 

Cookies are widely used and most web browsers are configured initially to accept cookies automatically. You may change your Internet browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie so that you may decline its acceptance. Please note, however, if you disable cookies, you may not experience optimal performance of our website.

 

LINKS

 

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

 

General

 

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Bkedé o Mshiké. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Bkedé o Mshiké reserves the right to change the Terms and Conditions of sale at any time. The Terms and Conditions applicable to you are those on our website at the time you order a product. No Bkedé o Mshiké employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

 

Force Majeure

 

To the extent permitted by law, Bkedé o Mshiké is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Bkedé o Mshiké, and Bkedé o Mshiké shall be entitled to a reasonable extension of time for the performance of such obligations.

 

Disclaimer and Limitation of Liability

 

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

 

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

 

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors,  suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

 

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law. 

 

Indemnification

 

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors,  and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, arising out of or resulting from any claim related to a breach of your data, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

 

Entire Agreement

 

These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in these Terms. 

 

Waiver

 

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

 

Headings

 

Any headings and titles herein are for convenience only.

 

Severability

 

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

 

Sovereign Immunity

 

Bkedé o Mshiké is an unincorporated instrumentality and political subdivision of the Nottawaseppi Huron Band of the Pottawatomi and it possess the privileges and immunities of the Tribe, including without limitation, immunity from federal, state, and local government regulation or taxation and immunity from unconsented suit; to the full extent that such privileges and immunities are enjoyed by the Nottawaseppi Huron Band of the Pottawatomi.

 

Nothing contained in these Terms and Conditions shall be deemed a waiver of the Nottawaseppi Huron Band of the Potawatomi’s or Bkedé o Mshiké’s sovereign immunity or consent to the jurisdiction of the United States, any state, or any subdivision thereof or of any tribe other than the Nottawaseppi Huron Band of the Potawatomi, with regard to the Terms and Conditions herein.

 

Governing Law

 

Any disputes arising out of or relating to these Terms and Conditions, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Nottawaseppi Huron Band of the Potawatomi. Any disputes, actions or proceedings relating to these Terms and Conditions, use of our website, or our products or services offered on our website must be brought before the courts of the Nottawaseppi Huron Band of the Potawatomi in the city of Fulton, Michigan and you irrevocably consent to the exclusive jurisdiction and venue of such courts.