Terms & Conditions

Last updated: September 28, 2025

These Terms & Conditions (“Terms”) govern your access to and use of https://www.baysidegallery.com and any purchase of goods from Bayside Gallery Too LLC d/b/a Bayside Gallery (“Bayside Gallery,” “we,” “us,” or “our”). By using the Website or placing an order, you agree to these Terms and to our Privacy Policy.

1. Company & Contact

Bayside Gallery Too LLC d/b/a Bayside Gallery
204 N. Saint Joseph Street, Suttons Bay, MI 49682
info@baysidegallery.com • 231-271-4975

2. Eligibility & Accounts

• You must be 18 or older to use the Website or place orders.
• If you create an account, you agree to keep your information accurate and your password confidential. You are responsible for all activity under your account.

3. Orders & Availability

• All orders are offers to purchase and are accepted at our discretion.
• We may refuse, cancel, or limit quantities for any reason (including suspected fraud, resale, pricing or stock errors).
• Prices, descriptions, and availability may change at any time without notice.

4. Product Information & Handmade Variation

Many items are handcrafted. Natural variation in color, glazing, finish, and dimensions is normal and not a defect.
Colors on screens may differ from the actual product.

5. Shipping, Risk of Loss & Delivery

• Processing time is separate from carrier transit time.
• Title and risk of loss pass to you when we deliver items to the carrier or, for in-store pickup, when you or your agent collect the order.
• Oversized or fragile items may carry surcharges. Incorrect addresses or refusal of delivery may result in additional shipping charges.

6. Inspection of Deliveries

Inspect your order on arrival. Report damage, defects, or incorrect items within 3 business days by emailing info@baysidegallery.com with photos of the item and packaging. Keep all packing materials for carrier claims.

7. Returns & Refunds

Our Return & Refund Policy is incorporated into these Terms.
Key points:

• Return window: 15 days from delivery or in-store purchase.
• Condition: Item must be unused, in original packaging with tags.
• Customer pays return shipping unless we made an error or the item arrived damaged/defective.
• Non-returnable items: custom/personalized items, final-sale/clearance items, gift cards, hygiene-sensitive goods once opened, and items damaged by misuse or outdoor exposure contrary to care instructions.
• Refunds: Credited to the original payment method after inspection; bank posting may take 3–10 days.

8. Promotions, Loyalty, and Gift Cards

• Promotions and loyalty rewards (managed through Marsello) are subject to their posted terms, cannot be combined unless stated, and may change without notice.
• Loyalty and subscriber benefits constitute a financial incentive as described in our Privacy Policy.
• Gift cards are not redeemable for cash except as required by law and cannot be replaced if lost or stolen.

9. Intellectual Property

All Website content, trademarks, and trade dress are owned by Bayside Gallery or our licensors and protected by U.S. and international laws.
You may not copy or distribute content without our written permission.

10. User Content & Reviews

By submitting reviews, photos, or other content, you grant Bayside Gallery a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content for marketing and operational purposes.
You represent you own the content and it does not infringe others’ rights. We may remove or edit content at our discretion.

11. Prohibited Uses

You may not use the Website to:

• Violate laws or third-party rights
• Upload malware or attempt to disrupt security
• Scrape, reverse-engineer, or collect data without permission
• Harass, defame, or abuse others

12. Third-Party Services & Links

We use third-party providers (e.g., payment processors, analytics, shipping carriers) and may link to other sites we do not control.
Their terms and privacy policies govern their services.

13. Disclaimers

Except where prohibited by law, the Website and goods are provided “AS IS” and “AS AVAILABLE.”
We disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation.

14. Limitation of Liability

To the fullest extent permitted by law:

• Our total liability for any claim related to the Website or your purchase is limited to the amount you paid for the item(s) giving rise to the claim.
• We are not liable for indirect, incidental, consequential, or punitive damages (including lost profits or data), even if we were advised of the possibility.

Some jurisdictions do not allow certain exclusions; where prohibited, these limitations apply to the maximum extent allowed.

15. Indemnification

You agree to indemnify and hold Bayside Gallery harmless from any claims, damages, or expenses arising from your breach of these Terms or your misuse of the Website.

16. Governing Law & Venue

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law rules.
You agree to the exclusive jurisdiction and venue of the state and federal courts located in Leelanau County, Michigan, except that either party may bring a qualifying claim in small-claims court.

17. Changes

We may update these Terms at any time. Material changes will be posted on the Website with a new “Last updated” date.
Your continued use after changes means you accept the updated Terms.

18. Severability & Waiver

If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Contact Us
Questions about these Terms?
Email info@baysidegallery.com or call 231-271-4975.