TERMS OF SALE

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions apply to the purchase and sale of products and services through biminibayoutfitters.com (referred to as the “Website”). By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this Website.

These Terms of Sale are subject to change by Bimini Bay Outfitters (also referred to as “Company,” “us,” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the Terms of Sale will be posted on this Website, and you should review these Terms of Sale prior to purchasing any product and services available through this Website. These Terms of Sale are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for goods or services through this Website.

1. Order Acceptance and Cancellation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your payment method has been charged. If your payment method has been charged and your order is canceled, you will receive a prompt refund credit to your original payment account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Once an order has been placed, it cannot be canceled unless shipment is unavoidably delayed. In this case, we will make reasonable efforts to cancel the order if requested.

We are a retailer selling to end-user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered on our Website without prior written authorization. We make every effort to maintain the availability of our Website; however, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

2. Payment Terms and Sales Taxes

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept authorized payment methods as displayed during checkout for all purchases. You represent and warrant that:

• The payment and billing information you supply to us is true, correct, and complete.

• Charges incurred by you will be honored by your credit card provider or payment processor.

• You will pay charges incurred by you at the posted prices, including all applicable shipping fees and taxes, if any.

All payments must be made in United States dollars. Accurate billing address and contact information must be included with every order. We retain a security interest in the products and all proceeds thereof until the full purchase price (including taxes and additional charges) has been settled. Charges for shipping and handling will be applied in accordance with our current shipping policy described below.

3. Changes in Products and Pricing

We constantly update and revise our offerings of apparel, gear, and related accessories, and we may discontinue items at any time without notice. To the extent that we provide stock or availability estimates, you should not rely on such information as a guarantee, and we will not be liable for any lack of availability of products ordered through our Website. All pricing for products on our Website is subject to change without notice. We reserve the right to make pricing adjustments due to changing market conditions, product discontinuations, errors in advertisements, and other extenuating circumstances.

4. Shipping Policy

We offer shipping options designed to deliver your orders securely and efficiently. We utilize standard and expedited shipping carriers with options detailed during checkout. Please check individual product pages for specific delivery guidelines or restrictions. All shipping rates are quoted in United States dollars. No C.O.D. orders are accepted.

Stated shipping and delivery timeframes are estimates only, contingent upon immediate payment approval, and may be delayed due to authorization holds, peak carrier volumes, or unforeseen logistics delays. These shipping terms are accepted by you upon placing an order with us.

5. Advertising Disclaimer and Content Accuracy

While product specifications, garment sizing, descriptions, and imagery posted on our Website are believed to be accurate, we are not responsible for typographical, photographic, pricing, or technical errors.

In the event an item is listed at an incorrect price or with incorrect product specifications due to a typographical error or technical discrepancy, we maintain the right to refuse or cancel any orders placed for that item. We maintain this right whether or not the order has been confirmed and your payment processed. If your payment has already cleared for the purchase and your order is canceled, we will immediately issue a refund credit to your original method of payment in the full amount charged.

6. Disclaimer and Limitation of Liability

Our responsibility for defects relating to the products available on our Website is strictly limited to the procedures outlined in our return and exchange policy below.

ALL PRODUCTS AND SERVICES AVAILABLE ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS, DELIVER SPECIFIC RESULTS, OR MEET SUBJECTIVE QUALITY EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU DEPENDING ON APPLICABLE LAW.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR ITEMS UNAVAILABLE FOR DELIVERY OR USE. IN NO EVENT SHALL BIMINI BAY OUTFITTERS, ITS PARENT COMPANY, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, OR USE OF PRODUCTS PURCHASED THROUGH THIS WEBSITE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

OUR MAXIMUM TOTAL LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS PURCHASED THROUGH OUR WEBSITE.

7. Returns, Exchanges, and Warranty Policy

Bimini Bay Outfitters stands behind the craftsmanship of our gear and apparel.

• Standard Returns: We offer a 30-day return window from the date of delivery on eligible, unworn, unwashed items in original condition with all tags and original packaging intact.

• Return Authorization: To initiate a return or exchange, contact our support team at bboretailcustomerservice@bimini-bay.com to receive return instructions and an authorized Return Merchandise Authorization (RMA) number. Items returned without an approved RMA may experience delays or be returned to sender.

• Return Shipping & Packaging: Unless returning due to an error on our part or a confirmed manufacturing defect, return shipping costs are the responsibility of the customer. We strongly recommend selecting a trackable and insured carrier service, as we cannot assume responsibility for lost return parcels.

• Defective or Damaged Merchandise: If your package arrives damaged in transit, retain all exterior shipping cartons and interior packaging, and contact bboretailcustomerservice@bimini-bay.com within 48 hours of delivery to initiate an inspection and resolution. For potential manufacturing defects, please provide your order number, photo documentation of the defect, and a brief description.

Questions regarding our return policies or warranty claims should be directed to bboretailcustomerservice@bimini-bay.com.

8. Privacy and Customer Data

We respect and protect your privacy. Customer information gathered through transactions is managed using industry-standard security safeguards to prevent unauthorized access or disclosure. For full details on data collection, tracking technologies, and customer privacy rights, please refer to our Privacy Policy.

9. Customer Care and Support

For questions regarding orders, product details, sizing, or general inquiries, contact our customer support team:

• Email: bboretailcustomerservice@bimini-bay.com

• Mailing Address: Bimini Bay Outfitters, Attention: Customer Support, 1920 Gunn Hwy, Odessa, FL 33556

10. Force Majeure

We shall not be liable or deemed in default for any delay or failure to fulfill an order due to causes outside our reasonable control. Such causes include, but are not limited to, severe weather, natural disasters, acts of civil or military authority, freight or supply chain embargoes, labor strikes, power disruptions, or unforeseen carrier disruptions.

11. Entire Agreement

These Terms of Sale constitute the full, integrated agreement between you and Bimini Bay Outfitters regarding direct consumer sales via this Website. These terms supersede any prior agreements or communications. Any attempt to modify, alter, or amend these terms by order notes or alternative documentation shall be null and void unless formally agreed upon in a written contract signed by an authorized representative of Bimini Bay Outfitters.

12. Governing Law and Jurisdiction

This Website is operated and controlled from within the United States. By completing a transaction on this Website, you agree that the laws of the State of South Carolina, without regard to conflicts of law principles, govern these Terms of Sale and any dispute arising between you and Bimini Bay Outfitters.

Any legal action or proceeding related to this Website or transactions conducted through it must be brought exclusively in the state or federal courts located in Charleston County, South Carolina, and you hereby consent to the personal jurisdiction and venue of such courts. Any cause of action initiated by you must be filed within one (1) year after the underlying claim or cause of action arises, or be permanently barred.

13. Mobile Messaging Terms of Service

The Bimini Bay Outfitters mobile message service (the "Service") is operated by Bimini Bay Outfitters (“we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes constitutes your acceptance.

By opting in to Bimini Bay Outfitters’ SMS/text messaging program, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders, product drops, exclusive sales) as well as transactional updates (e.g., order confirmations, shipping notices) from and on behalf of Bimini Bay Outfitters. Messages may be sent using automatic telephone dialing technology to the mobile number provided at sign-up. Consent to receive text messages is not a condition of purchasing any goods or services. Participation is entirely voluntary.

• Costs and Frequency: Message frequency varies. Message and data rates may apply according to your wireless provider's rate plan. Bimini Bay Outfitters does not assess fees for sending messages, but carrier charges remain your sole responsibility.

• Opting Out: You may opt out of the SMS Service at any time by texting the keyword STOP in reply to any of our text messages, or by using the unsubscribe link provided within the message. You will receive a single confirmation message confirming your opt-out.

• Help and Support: For help or questions regarding our text program, text the keyword HELP to the number from which you received messages or email bboretailcustomerservice@bimini-bay.com.

• Carrier Liability: Carriers are not liable for delayed or undelivered messages. Ensure that your provided mobile number remains current; if you change or transfer your mobile phone number, you agree to re-register with your new number.