Shipping Policy | Return Policy | Terms of Sale
Important Freight Quote Disclaimer for LTL Shipments:
As a customer, you are responsible for the accuracy of the information you submit when requesting and accepting a freight quote. If any information provided is incorrect or incomplete, resulting in additional charges from the freight carrier, these extra charges will be billed to your credit card.
For guidance on how to properly receive an LTL freight shipment, please refer to this guide.
Please note: You must acknowledge that you have read and agreed to this disclaimer before proceeding with your quote. You will not be able to obtain a quote without checking the acknowledgment box.
Shipping Policy
What are the available delivery options for my order?
We offer fast, safe, and reliable delivery services for all our items. The available delivery options for each item can be found on its product page. During the checkout process, you can select your preferred delivery option.
How are small items delivered?
In most cases, deliveries will be made by UPS or FedEx. Since signatures are not required for delivery, the decision to leave your package at your door will be left up to the delivery carrier. If you have any special delivery instructions, write a note with the delivery date and place it on your door. Include your name, request, and tracking number.
In some cases, if an item is slightly larger, we may drop it at a dry location as near as possible to your door. Please note that items in small parcels are not brought inside the property.
What are the delivery methods for small items?
All available shipping options will be listed in the cart, but here’s a breakdown of when you can expect your package:
Time frames that include filling the order and delivery:
One-Day Shipping: Within one business day.
Two-Day Shipping: Within two business days.
Time frames that do not include filling the order (these are expected times after being shipped from the supplier’s warehouse:
Express Shipping: Within one business day.
Expedited Shipping: Within two business days.
Ground Shipping: Within one to seven business days.
Orders placed outside of business hours will be shipped the next day. Deliveries are not typically made on Saturdays or Sundays.
What is a large item?
Your order contains a large item if you are choosing how and where the item will be delivered during checkout.
For these items, we partner with carriers who specialize in transportation and final delivery to ensure the product arrives safely and soundly. Your order is handled with the utmost care from the moment it leaves the warehouse to the time it has been successfully delivered at your home.
How are large items delivered by E. Brookmyer, Inc. d/b/a Bare Ground, Just Scentsational, 1-Shot?
E. Brookmyer, Inc. d/b/a Bare Ground, Just Scentsational, 1-Shot partners with specialized carriers to ensure safe and secure transportation of large items. Here’s how the delivery process works:
- You choose a delivery option for your item at checkout. Available delivery methods vary by item. All options will be displayed in your cart.
- Your order gets picked up from the warehouse. We'll send you a shipping confirmation email to let you know your order is on its way.
- Your order is shipped to a local delivery agent. A carrier transports your order to a delivery professional in your area.
- You schedule a delivery appointment. When the local delivery agent has your order, they will contact you to schedule a delivery date and set a time window.
- Enjoy your new item! Check the condition and packaging of your order. If it didn’t arrive in perfect condition, contact us.
What do I need to know about the delivery of large items?
You must pick a delivery method for large items at checkout so we can ensure a smooth delivery. For each method, your local delivery agent will contact you to arrange a date and, for attended deliveries, a four-hour window for delivery. Where stated, signatures are required for delivery. Assembly services and packaging removal are not included unless otherwise stated.
E. Brookmyer, Inc. d/b/a Bare Ground, Just Scentsational, 1-Shot is not responsible for any access fees imposed by the customer's building or HOA. These fees may include gate fees, dock fees, elevator booking fees, etc.
What are the delivery methods for large items?
Curbside (We Unload)
The delivery team will unload the item(s) and place it on the curb outside your home. Once it’s been dropped off, it’s yours! You may want to ask a family member or friend for an extra hand to move it.
Basic Outside Front Door Drop-Off
The delivery team will unload the item(s) and leave it in a safe place outside your home (front door, porch, or garage). Once it’s been dropped off, it’s yours!
You’re not required to be home to accept the delivery, and a signature is not needed. Your item(s) will be delivered as long as the delivery team determines the area is secure. For apartments and condos with a front desk, your item(s) will be dropped off there. For any apartments or condos that have outer doors only, your item(s) will be left outside the front door. Please reach out to the local delivery agent directly if you need to reschedule your delivery. Their contact information can be found in the email detailing your delivery date and time window.
Can large items be stored before I receive delivery?
If you need your item held in storage before delivery to your home, our E. Brookmyer, Inc. d/b/a Bare Ground, Just Scentsational, 1-Shot Delivery Agencies can hold your item for a maximum of 30 days. Once the storage request expires, your item will be auto-scheduled for the next available delivery date. E. Brookmyer, Inc. d/b/a Bare Ground, Just Scentsational, 1-Shot cannot hold items for more than 30 days, and must be delivered upon the soonest delivery date after the 30-day mark. If not delivered, return fees will apply. Please contact us to request a storage hold.
What are the shipping costs for orders?
We have flat rate, calculated rate, and LTL options depending on the product, size, and quantity ordered.
However, there are a few exceptions:
We cannot ship to P.O. boxes or military APOs.
Additional shipping charges may apply for Alaska, Hawaii, and U.S. Territories.
Some suppliers may require us to charge shipping fees. Any applicable charges will be detailed in your cart prior to checkout.
Will I be charged sales tax on my order?
In addition to any shipping costs, your order may be subject to sales taxes based on specific state and local tax rates.
How will I receive shipping updates and alerts?
We'll keep you informed throughout the shipping process with email notifications.
Can I update the shipping details of my order?
Yes, you can make changes to your order's shipping details depending on its status:
Before Shipping: If your item hasn't shipped yet, you can easily edit the details online. Contact us to update the shipping address for the item.
In Transit (FedEx or UPS): If your order is shipped via FedEx or UPS, you can update it using their respective tracking services, FedEx Delivery Manager or UPS My Choice. These services allow you to hold or delay packages, pick them up from a local FedEx or UPS location, deliver to another address, choose a different delivery day, schedule a delivery window, or sign for packages online. Please note that items already in transit cannot be expedited.
In Transit (All Other Carriers): For large items shipped by carriers other than FedEx or UPS, you can reschedule your delivery up until 5 am on the day of delivery.
How can I reschedule the delivery date/time window or change the delivery method for large items?
Contact us to reschedule the delivery date/time window for large items.
Return Policy
Returns. All product returns are subject to E. Brookmyer, Inc. d/b/a Bare Ground, Just Scentsational, 1-Shot policies and procedures governing product returns, which may be modified at any time. All returns must be accompanied by a written return merchandise authorization issued by E. Brookmyer, Inc. d/b/a Bare Ground, Just Scentsational, 1-Shot (RMA) and delivered in accordance with shipping instructions provided by E. Brookmyer, Inc. d/b/a Bare Ground, Just Scentsational, 1-Shot. All returns are subject to in-house credit only. The time allowed for returns may be limited by product manufacturers.
Terms of Sale
E. Brookmyer, Inc. d/b/a Bare Ground ® Commercial Terms (Terms of Sale)
Effective August 12, 2012
All sales by E. Brookmyer, Inc. d/b/a Bare Ground Label &Tag Co., LLC. and/or its affiliates (collectively, E. Brookmyer, Inc. d/b/a Bare Ground) are subject to the following terms and conditions (the “Commercial Terms”):
Sales Contracts
Agreement to Terms and Conditions; No Variations. When E. Brookmyer, Inc. d/b/a Bare Ground accepts any purchase order it creates a contract of sale with the Buyer (the “Contract”) which is subject to these Commercial Terms. Buyer’s agreement to these Commercial Terms may be evidenced by any of the following: (a) Buyer’s acknowledgement expressed in writing or orally; (b) by Buyer’s conduct: (c) Buyer’s retaining possession of any paper document stating the Commercial Terms, without objection, and/or (d) Buyer’s acceptance of products shipped or services rendered by E. Brookmyer, Inc. d/b/a Bare Ground. E. Brookmyer, Inc. d/b/a Bare Ground will not agree to any other terms and/or conditions (whether written or oral) originating from Buyer that purport to vary the Commercial Terms stated herein, unless E. Brookmyer, Inc. d/b/a Bare Ground manifests such agreement in a writing signed by an authorized E. Brookmyer, Inc. d/b/a Bare Ground representative.
Contract Terms
All Purchase Orders are subject to acceptance by E. Brookmyer, Inc. d/b/a Bare Ground. E. Brookmyer, Inc. d/b/a Bare Ground reserves the right to refrain from accepting any purchase order, or to rescind any Contract if it reasonably determines or suspects that the Buyer submitting the purchase order: has unacceptable credit; and is committing fraud or other illegal act; is an E. Brookmyer, Inc. d/b/a Bare Ground competitor; or will use the purchased product or service for an illegal or otherwise inappropriate purpose; or is otherwise engaged in activity that causes E. Brookmyer, Inc. d/b/a Bare Ground to determine that it does not wish to transact business with that User. In connection with the above, E. Brookmyer, Inc. d/b/a Bare Ground may request documentation or other assurances from the User. E. Brookmyer, Inc. d/b/a Bare Ground further reserves the right to refrain from accepting any purchase order, or to rescind any Contract, if it reasonably determines or suspects that the product or service in question is not fit for the use intended by the User. All prices are FOB Milwaukee, WI. Unless Buyer provides valid evidence of its tax-exempt status; Buyer shall bear all applicable federal, state, municipal, or other governmental tax, as well as any applicable import or customs duties, license fees, and similar charges, however, designated or levied on the sale or delivery of products or services, or measured by the purchase price paid for the products.
Passage of Title; Risk of Loss
Title to products passes to Buyer when a carrier takes possession at E. Brookmyer, Inc. d/b/a Bare Ground’s dock. If a Force Majeure Event (defined below) prevents delivery, or if shipping instructions are not received for products before the delivery date, title passes when products are set aside by E. Brookmyer, Inc. d/b/a Bare Ground. All risk of loss, damage, theft, or destruction (“Casualty”) passes to Buyer at delivery to the carrier. No Casualty to the product, in whole or in part, shall impair Buyer’s obligations under the Contract. Nevertheless, E. Brookmyer, Inc. d/b/a Bare Ground may, at E. Brookmyer, Inc. d/b/a Bare Ground’s option, make a claim for such products at invoiced value under any insurance policies paid for by E. Brookmyer, Inc. d/b/a Bare Ground and E. Brookmyer, Inc. d/b/a Bare Ground shall credit to Buyer that portion of any settlement received thereunder. Products for which title has passed and which are held by E. Brookmyer, Inc. d/b/a Bare Ground for any reason shall be held at Buyer’s sole risk.
Force Majeure
E. Brookmyer, Inc. d/b/a Bare Ground shall not be liable for delay in performance or inability to perform occasioned by any cause beyond its control including, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods and other acts of God, strikes, government regulations, war, hostilities, invasion, embargo, rebellion, revolution, nuclear event or other explosion; riots, strikes, lock outs or disorder, or acts or threats of terrorism (each a “Force Majeure Event”). If E. Brookmyer, Inc. d/b/a Bare Ground’s performance is delayed by a Force Majeure Event, its time for performance shall be extended for the duration of the Force Majeure Event. If deliveries are prevented, in whole or in part, by a Force Majeure Event, the Contract shall be deemed terminated, in whole or in part, without liability to either party as to the terminated part.
Tolerances
Delivery or tender within ten (10%) percent of the quantity specified in the Contract shall be deemed full performance. Shipment or tender made within twenty (20) days after delivery date specified in the Contract shall constitute timely delivery or tender. Delivery times posted on E. Brookmyer, Inc. d/b/a Bare Ground’s website are estimates and Buyer should call E. Brookmyer, Inc. d/b/a Bare Ground to obtain more specific information for all time-sensitive Contracts. Products duly rejected by Buyer and accepted for return by E. Brookmyer, Inc. d/b/a Bare Ground may be replaced within twenty (20) days from the date of receipt by E. Brookmyer, Inc. d/b/a Bare Ground. Delay in delivering sample pieces or other sample requirements shall not constitute a breach by E. Brookmyer, Inc. d/b/a Bare Ground ’. For label purchases, Buyer should pre-order samples to test whether adhesives will function satisfactorily to Buyer.
Security Interest
Buyer grants E. Brookmyer, Inc. d/b/a Bare Ground a security interest in all products sold hereunder and to all products now or hereafter acquired by Buyer from Seller, and to any proceeds thereof until the purchase price and any other amounts due to E. Brookmyer, Inc. d/b/a Bare Ground have been paid in full. Buyer agrees promptly to execute any financing statement or other documents requested by E. Brookmyer, Inc. d/b/a Bare Ground in order to protect E. Brookmyer, Inc. d/b/a Bare Ground’s security interest. E. Brookmyer, Inc. d/b/a Bare Ground shall have all the rights and remedies of a secured party under the Uniform Commercial Code, which rights and remedies shall be cumulative and not exclusive.
Payment
All credit sales, other than those paid by credit card, are subject to credit terms determined by E. Brookmyer, Inc. d/b/a Bare Ground in its sole discretion. E. Brookmyer, Inc. d/b/a Bare Ground reserves the right to change credit terms at any time. Unless otherwise agreed in writing by E. Brookmyer, Inc. d/b/a Bare Ground, all credit purchases must be paid in accordance with credit terms set forth in E. Brookmyer, Inc. d/b/a Bare Ground’s correspondence confirming your Purchase Order. Buyer may obtain a copy of the applicable credit terms upon request. E. Brookmyer, Inc. d/b/a Bare Ground reserves the right to collect: (a) a financing charge on past due payments equal to the lesser of one and a half percent (1.5%) monthly or the maximum permissible under applicable law; and/or (b) a twenty-five dollar and 00/100 ($25.00) service charge for each check which is dishonored for any reason. Writing “full payment” or similar words on, or in connection with, checks to E. Brookmyer, Inc. d/b/a Bare Ground shall not result in an accord and satisfaction of Buyer’s liability.
Buyer Claims
A. To assert a claim Buyer must give notice to E. Brookmyer, Inc. d/b/a Bare Ground (in the manner described in Section 14 below) which describes the defect or other grounds in reasonable detail. Failure to assert claims within the following time periods shall constitute a waiver of such claims: (i) Claims for patent product defects must be asserted by Buyer within ten (10) days after the delivery date and claims for latent product defects must be asserted by Buyer within ten (10) days after discovery or within ninety (90) days from delivery date, whichever is earlier. Buyer must submit defective products to E. Brookmyer, Inc. d/b/a Bare Ground for inspection within ten (10) days following the notice date. (ii) claims for quantity shortages must be asserted by Buyer within ten (10) days after delivery date; and (iii) other claims must be asserted by Buyer within ninety (90) days after invoice date.
B. If E. Brookmyer, Inc. d/b/a Bare Ground determines a claim to be valid, it may replace a defective product and/or deliver an additional product within a reasonable time.
C. If E. Brookmyer, Inc. d/b/a Bare Ground breaches in any manner that applies to part of, but not the entire, Contract, Buyer may not treat such event as a breach of the entire Contract. Buyer shall pay on the due date for all products that are not subject to the breach.
Returns
All product returns are subject to E. Brookmyer, Inc. d/b/a Bare Ground’s policies and procedures governing product returns, which may be modified by E. Brookmyer, Inc. d/b/a Bare Ground at any time. All returns must be accompanied by a written return merchandise authorization issued by E. Brookmyer, Inc. d/b/a Bare Ground (RMA) and delivered in accordance with shipping instructions provided by E. Brookmyer, Inc. d/b/a Bare Ground. All returns are subject to in-house credit only. The time allowed for returns may be limited by product manufacturers.
Limitation on Warranties
AS TO PRODUCTS MANUFACTURED OR OTHERWISE CREATED BY PARTIES OTHER THAN E. BROOKMYER, INC. D/B/A BARE GROUND (“VENDOR PRODUCTS”) PRODUCT WARRANTIES, IF ANY, ARE LIMITED TO THOSE PROVIDED BY THE VENDOR AND E. BROOKMYER, INC. D/B/A BARE GROUND MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO VENDOR PRODUCTS.
AS TO PRODUCTS MANUFACTURED OR OTHERWISE CREATED BY E. BROOKMYER, INC. D/B/A BARE GROUND (“E. BROOKMYER, INC. D/B/A BARE GROUND PRODUCTS”) E. BROOKMYER, INC. D/B/A BARE GROUND WARRANTS THE MERCHANTABILITY OF SUCH PRODUCTS AND WARRANTS THE FITNESS FOR A PARTICULAR USE ONLY TO THE EXTENT THAT THE PARTICULAR USE HAS BEEN CLEARLY EXPRESSED TO E. BROOKMYER, INC. D/B/A BARE GROUND IN WRITING. E. BROOKMYER, INC. D/B/A BARE GROUND MAKES NO OTHER WARRANTIES WITH REGARD TO E. BROOKMYER, INC. D/B/A BARE GROUND PRODUCTS.
Limitations of Liability
E. BROOKMYER, INC. D/B/A BARE GROUND'S LIABILITY FOR BREACH OF THE CONTRACT, OR ANY INSTALLMENT THEREOF, OR FOR ANY OTHER MALFEASANCE OR NON-FEASANCE SHALL BE LIMITED TO THE DIFFERENCE BETWEEN THE PURCHASE PRICE OF THE PRODUCTS AND THE MARKET VALUE ON DELIVERY DATE AND SHALL IN NO CASE EXCEED THE PURCHASE PRICE OF THE PRODUCTS.
E. BROOKMYER, INC. D/B/A BARE GROUND SHALL NOT BE LIABLE FOR DAMAGES OF ANY OTHER NATURE, INCLUDING BUT NOT LIMITED TO, INJURIES TO PERSONS OR PROPERTY, LOSS OF PROFIT, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE LIMITATIONS IN SECTIONS 10 AND 11 ARE ONLY APPLICABLE TO THE EXTENT PERMITTED BY APPLICABLE LAW
Buyer’s Default
Buyer shall be in default in connection with the Contract upon the occurrence of any of the following events or conditions (“Default Event”):
(a) Buyer’s failure to pay any indebtedness now or hereafter owed to E. Brookmyer, Inc. d/b/a Bare Ground, (b) Buyer’s failure to perform any other obligation under the Contract, (c) dissolution, termination of existence, insolvency, business failure, or discontinuance of Buyer’s business or the appointment of a receiver for any part of its property of, or assignment for the benefit of creditors by, Buyer or the commencement of any proceedings under any bankruptcy reorganization or arrangement laws by or against Buyer or the attachment, levy, seizure or garnishment of any of Buyer’s property, rights or assets.
E. Brookmyer, Inc. d/b/a Bare Ground’s Remedies.
A. In General. At any time following any Default Event, E. Brookmyer, Inc. d/b/a Bare Ground may, at its option and without notice to Buyer, exercise any one or more of the following remedies: (a) declare immediately due and owing any and all obligations to E. Brookmyer, Inc. d/b/a Bare Ground ; (b) sue for amounts then due to E. Brookmyer, Inc. d/b/a Bare Ground or thereafter accruing, (c) suspend deliveries of any or all products or services, (d) take possession of any E. Brookmyer, Inc. d/b/a Bare Ground product wherever found, (e) cause Buyer, at its expense, to promptly return any E. Brookmyer, Inc. d/b/a Bare Ground product, or (f) sell the products, or any part thereof at public or private sale (for cash or credit) at such time or times as E. Brookmyer, Inc. d/b/a Bare Ground shall determine, free and clear of any rights of Buyer, and if notice thereof is required by law, any notice in writing of any such sale by Seller to Buyer not less than ten days prior to the date thereof shall constitute reasonable notice thereof to Buyer.
B. Mitigation of Damages. Should E. Brookmyer, Inc. d/b/a Bare Ground repossess any of the product because of Buyer’s default, E. Brookmyer, Inc. d/b/a Bare Ground may make a commercially reasonable effort to sell such product at a reasonable price to a third party, provided, however, that E. Brookmyer, Inc. d/b/a Bare Ground shall have no obligation to actively seek out or solicit potential third party Buyers for said products.
C. Collection Costs. Buyer shall pay any and all collection costs, including reasonable attorneys’ fees and costs, incurred by E. Brookmyer, Inc. d/b/a Bare Ground arising from or relating to a Default Event.
D. Rights and Remedies Not Exclusive. No right or remedy conferred upon or reserved to E. Brookmyer, Inc. d/b/a Bare Ground herein shall be exclusive of any other right or remedy. All rights or remedies conferred upon E. Brookmyer, Inc. d/b/a Bare Ground herein or by law shall be cumulative and in addition to any other right or remedy available to E. Brookmyer, Inc. d/b/a Bare Ground.
Notices
Any notices or other communications to E. Brookmyer, Inc. d/b/a Bare Ground must be sent by U.S. mail and by email to E. Brookmyer, Inc. d/b/a Bare Ground, Just Scentsational, 1-Shot at the following addresses:
U.S. Mailing Address
E. Brookmyer, Inc. d/b/a Bare Ground, Just Scentsational, 1-Shot
43 Juniper Lane
Framingham, MA 01701
Attention: Notices
EMAIL ADDRESS
bareground@bareground.com
Law and Lawsuits
The Contract and the Commercial Terms shall be construed and enforced in accordance with Wisconsin law, giving no effect to Wisconsin’s choice of law rules. All lawsuits arising from or relating to the Contract and/or the Commercial Terms shall be brought in the Federal or State courts in or for Milwaukee County, Wisconsin, USA, and Buyer hereby submits to the exclusive personal jurisdiction of such courts for such purpose.
Other Legal Terms
A. Waiver. The failure of E. Brookmyer, Inc. d/b/a Bare Ground to enforce any provision of the Contract or of these Commercial Terms of Use shall not result in a waiver of same. No waiver of any provision of the Contract or these Commercial Terms in any one instance shall be deemed to result in a waiver of such provision in any other instance.
B. Titles. The titles in these Commercial Terms are for convenience of reference only and are not to be considered in construing these Commercial Terms.
C. Severability. If any provision of the Contract or these Commercial Terms is found to be void or unenforceable under existing or future law, the remaining provisions of the Contract or these Commercial Terms shall nevertheless be binding with the same force and effect as though the void or unenforceable parts were never a part of the Contract or these Commercial Terms.
D. Third Party Beneficiaries. Neither the Contract nor these Commercial Terms is intended to, and shall not be construed to, create any rights or remedies in any parties other than E. Brookmyer, Inc. d/b/a Bare Ground and Buyer, and no other person or entity shall assert any rights as a third party beneficiary hereunder.
