Terms of service

OVERVIEW

Welcome to BayWel – Mindfulness for All (“BayWel,” “we,” “us,” “our”). BayWel operates this store and website, including all related information, content, features, tools, products, and services to provide you with a curated shopping experience (the “Services”). BayWel is powered by Shopify, which enables us to provide the Services.

These Terms of Service (the “Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy LINKLINKLINK. If you do not agree, do not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.
You may be asked to provide certain information (e.g., email, billing, payment, shipping). You represent and warrant that such information is accurate and complete and that you have all rights necessary to provide it.
You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We strive to accurately represent our products and services. However, colors and appearance may vary due to device settings. We do not warrant that any product or service will meet your expectations or match imagery exactly.
All product descriptions are subject to change at any time without notice. We may discontinue any product at any time and may limit quantities to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. BayWel may accept or decline any order at its discretion. Your order is accepted only when we confirm acceptance and process payment. Please review your order before submitting; we may be unable to accommodate cancellation requests after acceptance. If we do not accept or must change/cancel an order, we will attempt to notify you using the contact details you provided.
Your purchases are subject to our Refund Policy LINKLINKLINK.

Personal Use Only; No Unauthorized Resale. You represent and warrant that your purchases are for personal or household use and not for commercial resale, redistribution, export, or marketplace listing unless you have prior written authorization from BayWel (see Section 25). We reserve the right to refuse, cancel, or limit orders that, in our judgment, appear to be placed by dealers, resellers, distributors, or for diversion (including multiple orders using the same customer account, payment method, billing/shipping address, or IP).

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged is the price in effect at the time of order and is set out in your confirmation email. Prices exclude taxes, shipping, handling, customs, and import charges unless stated otherwise.
We may run promotions governed by terms separate from these Terms; if those terms conflict with these Terms, the promotion terms control.
You agree to provide current, complete, and accurate purchase and account information and to promptly update it so we can complete your transactions and contact you as needed. You represent and warrant that you are authorized to use the selected payment method and will pay all charges, including applicable taxes and fees.

SECTION 5 – SHIPPING AND DELIVERY

All delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Title and risk of loss pass to you when we transfer products to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

All content and materials in the Services—including trademarks, brands, text, images, graphics, video, audio, and their selection and arrangement—are owned by BayWel or its licensors and protected by law. You may use the Services for personal, non-commercial use only. Except as expressly permitted, you may not reproduce, distribute, modify, create derivatives of, publicly display or perform, republish, download, store, or transmit any materials without our prior written consent.
BayWel names, logos, product and service names, designs, and slogans are trademarks of BayWel or its affiliates/licensors and may not be used without prior written permission. Shopify’s marks are the property of Shopify. All other marks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools on an “as is” and “as available” basis without warranties or endorsement. Your use is at your own risk and subject to the third party’s terms. Future features or tools will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain third-party content or links. We are not responsible for examining or evaluating such content or for any transactions you make with third parties. Access third-party sites at your own risk and review their policies before transacting.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[Note to Merchant: Keep this section as provided by Shopify.]
BayWel is powered by Shopify; however, purchases are made directly with BayWel. By using the Services, you acknowledge that Shopify is not responsible for any sales between you and BayWel. You expressly release Shopify and its affiliates from all claims arising from such purchases and transactions.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy LINKLINKLINK and may also be subject to Shopify’s privacy policy. Because our Services are hosted by Shopify, information you submit may be processed by Shopify and third parties (which may be located outside your country). See our Privacy Policy for details.

SECTION 11 – FEEDBACK

If you submit reviews, ideas, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose. You represent and warrant that you own or have rights to the Feedback and that it complies with these Terms. We may, but are not obligated to, monitor, edit, or remove Feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

We may correct errors or update information in the Services at any time without notice, including after an order is submitted.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to misuse the Services (including infringing IP, harassing others, transmitting malware, scraping, spamming, or circumventing security). We may suspend or terminate access for violations.

SECTION 14 – TERMINATION

We may terminate or suspend the Services (in whole or part) at any time without notice. Sections intended to survive termination will continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES

Except as expressly stated by BayWel, the Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. Your use is at your own risk.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, BayWel and its affiliates, service providers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, savings, data, or replacement costs, arising from or related to your use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless BayWel, Shopify, and their affiliates and personnel from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law or third-party rights, or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision is determined unlawful or unenforceable, it will be enforced to the maximum extent possible, and the remainder will continue in full force.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce a provision is not a waiver. These Terms (and any policies referenced) are the entire agreement between you and BayWel regarding the Services and supersede prior agreements.

SECTION 20 – ASSIGNMENT

You may not assign these Terms or your rights/obligations without our prior written consent. We may assign or delegate these Terms without notice.

SECTION 21 – GOVERNING LAW

These Terms and any related disputes are governed by the laws of the jurisdiction where BayWel is headquartered, with venue and personal jurisdiction in its courts.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

We may update these Terms by posting changes to the website. We will provide notice of material changes as required by law. Your continued use after changes take effect constitutes acceptance.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms: store@baycharterco.com

Bay Chartersl LLC - DBA BayWel

store@baycharterco.com

Corte Madera, CA 94925

SECTION 25 – UNAUTHORIZED RESALE & BRAND USE POLICY (NO RESALE WITHOUT AUTHORIZATION)

BayWel™ products are sold exclusively by BayWel LLC and its authorized retail partners. To protect product quality, customer experience, and brand integrity, BayWel does not permit the resale, redistribution, or listing of new or unopened BayWel products by any third party without BayWel’s prior written authorization.

  • Prohibited Activities (without prior written authorization):
    (a) Listing or selling new BayWel products on online marketplaces (including but not limited to Amazon, eBay, Walmart, Etsy, or similar platforms);
    (b) Wholesale, diversion, or redistribution of BayWel products;
    (c) Use of BayWel trademarks, product images, or copyrighted content in advertisements or listings;
    (d) Fulfilling marketplace orders via retail drop-shipping from another retailer.

  • Enforcement & Remedies:
    BayWel reserves the right to (i) refuse or cancel any order suspected of being placed for resale or diversion; (ii) deny warranty, returns, and customer support for products purchased from unauthorized resellers; (iii) request removal of infringing listings and content; and (iv) pursue legal or administrative remedies for trademark infringement, copyright infringement, false designation of origin, unfair competition, or deceptive trade practices.

  • Authorized Partners:
    Only sellers who receive explicit written authorization from Bay Charters LLC may represent themselves as official BayWel retailers or resellers and list new BayWel products for sale.

  • How to Request Authorization:
    To inquire about becoming an authorized partner, contact: brand@baywel.com. Provide your business name, website/marketplace links, regions served, and anticipated volumes. Authorization is at BayWel’s sole discretion and may be revoked at any time.

  • Used Goods:
    This policy does not restrict lawful resale of used BayWel products by consumers; however, any use of BayWel’s intellectual property (including images and trademarks) remains subject to Section 6 and applicable law.