General terms and conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
----
OVERALL PICTURE
This website is operated by BrandLess. In this site the terms "we", "us" and "our" refer to BrandLess. BrandLess provides this website, including all information, tools, and services available on it, to you, the user, subject to your acceptance of all terms, conditions, policies, and notices set forth herein.
The photos published on our site are not contractual. The packaging of our products may vary depending on the country of delivery.
By visiting this site and/or purchasing one of our products, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions", "Terms and Conditions"), including any additional terms, conditions and policies referred to herein and/or accessible via hyperlink. These Terms and Conditions of Sale and Use apply to all users of this Site, including, but not limited to, users who browse the Site, who are vendors, customers, merchants and/or content contributors.
Please read these Terms and Conditions of Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, then you should not access or use the website or the services offered on the website. If these Terms and Conditions of Sale and Use are considered an offer, then acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools added to this store in the future will also be subject to these Terms and Conditions of Use. You may view the most recent version of the Terms and Conditions of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use or access to the website after any changes are posted constitutes your acceptance of those changes.
Our shop is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - TERMS OF USE OF OUR ONLINE SHOP
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your charge to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, and you shall not, in using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to deny access to the services to anyone at any time, for any reason.
You understand that your Content (excluding credit card information) may be transferred in unencrypted form, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over the networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for your convenience, and shall not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS
We are not responsible if the information available on this site is not accurate, complete or current. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for information purposes only. We reserve the right to change the content of this site at any time, but have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes on our site. The site offers more or less long lead times. The customer fully adheres to these long deliveries and can withdraw after 10 days after receipt of your package.
ARTICLE 4 - CHANGES IN SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (and any part or content of the Service) at any time without notice.
We will not be liable to you or to any third party for any price change, suspension or interruption of the Service.
Products sold on our site are sourced from suppliers outside the European Union and all persons making a purchase from our site are deemed to be recipients of those products. By making a purchase on our site, the customer accepts and will have to pay any additional costs, including customs duties, VAT ...
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have made every effort to display as clearly as possible the colours and images of our products that appear in our store. We cannot guarantee that the display of colours on your computer screen is accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue offering a product at any time. Any service or product offerings on this site are void where prohibited by law.
We do not warrant that the quality of the products, services, information or any other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any request you make. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, may appear to be from dealers, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please see our Return Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no supervision, control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without any approval. We have no legal liability arising from or in connection with the use of these optional third party tools.
If you use the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the applicable third party provider(s).
We may offer new services and/or features on our Site (including new tools and resources) in the future. These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
The third party links on this site may direct you to third party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for the content, websites, products, services or other materials accessible on or from such third party sites.
We are not responsible for any damage or harm in connection with the purchase or use of goods, services, resources, content or any other transactions conducted in connection with these third-party sites. Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Any complaints, claims, concerns or questions about the products of these third parties should be directed to the third parties themselves.
ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to enter contests), or if, without our request, you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "Comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media the Comments you submit. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.
You agree to post comments that do not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain any computer viruses or other malicious software that may in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone you are not, or try to mislead us and/or others as to the origin of your comments. You are entirely responsible for all comments you post and for their accuracy. We are not responsible and disclaim any liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our site or on the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times (10-20 days depending on stock and product) and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or on any related website is inaccurate, at any time without notice (including after you place your order).
We have no obligation to update, modify or clarify any information on the Service or on any related website, including but not limited to pricing information, except as required by law. You should not rely on any fixed date of updates or new developments on the Service or any associated website to conclude that information on the Service or any associated website has been changed or updated.
ARTICLE 12 - DELIVERY
All shipping methods indicated on our site are an estimation of the delivery time and we are not responsible for delays that may occur to the couriers in delivering the package. The shipping aspect of the order is a separate service from BrandLess and we reserve the right not to make refunds on orders if packages are delayed.
We are not responsible for losses caused by natural disasters (including but not limited to floods, postal service strikes, extreme weather conditions, terrorist threats).
ARTICLE 13 - PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to induce others to do or participate in illegal acts; (c) to violate any state, federal, provincial, state or international law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of any third party; (e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against any person on the basis of his or her gender, sexual orientation, religion, ethnic origin, race, age, nationality or disability; (f) to present false or misleading information (g) to upload or transmit viruses or any other malicious code that will or may be used in a manner that impairs the functionality or performance of the Service or any related independent or Internet website; (h) to collect or track personal information of others; (i) to send spam, phish, hijack a domain, extort information, surf, browse or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 14 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or make any representations that use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that, from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice.
You expressly agree that your use or inability to use the Service is at your own risk. The Service and all products and services provided to you through the Service are (unless we indicate otherwise) provided to you "as is" and "as available" for your use without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or commercial quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall BrandLess our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any other similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of the use of any service or product of the Service, or for any other claim related in any way to the use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of the use of the Service or any content (or product) posted, transmitted or otherwise available through the Service, even if advised of the possibility of such a claim. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BrandLess our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 16 - SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use shall be deemed unlawful, void, or unenforceable, then that provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions of Sale and Use, but such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 17 - TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive termination of this Agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by you or otherwise. You may terminate these Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have failed to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 18 - FULL AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules posted by us on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the party who drafted them.
ARTICLE 19 - APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any separate agreements through which we provide you with Services, shall be governed by and construed in accordance with the laws in force at BrandLess.
ARTICLE 20 - MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
On this page you can consult at any time the most recent version of the General Conditions of Sale and Use.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting the updates and changes on our site. It is your responsibility to visit our website regularly to check for changes. Your use or continued access to our website following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 21 - CONTACT DETAILS
Questions regarding the Terms and Conditions of Sale and Use should be sent to : info@brand-less.com.