Terms and conditions on products
Terms and Conditions on Products
These Terms and Conditions govern the use of www.bourandber.com (hereinafter the “Site”) for all visitors to the Site. As such, these Terms and Conditions constitute a binding agreement between you, as a user of the Site (hereinafter “you”, or the “user”), and BOUR&BER INTERNATIONAL S.A DE C.V. (hereinafter “Bour&Ber”) and/or its affiliated entities (collectively referred to as “bourandber” “B&B” “we” or “us”) (“Bour&Ber International”, the “Site”). By using this Site and throughout your use, you agree to abide by these Terms of Use and any additions or amendments. In addition, we request that, before using the Site, you carefully read the following Terms and Conditions. Please note that these Terms and Conditions do not establish a confidential relationship between you and us.
Your use of the Site is also subject to our Privacy Statement. So please review it first. In the event of any conflict between these Terms and Conditions and our Privacy Statement, our Privacy Statement will apply.
1. Acceptance of Terms of Products, Services and Amendments
Whenever you use or access Bour&Ber International, you agree to be bound by these Terms and Conditions, as amended from time to time with or without notice. In addition, if you use a private third party service on and/or through Bour&Ber International, you will be subject to the rules or regulations applicable to those services, and these will be incorporated by reference into these Terms of Service, which you will find at www.bourandber.com in the “Privacy Statement” section located at the bottom of the page under the Help Center menu.
2. Your Responsibilities and Obligations on Signing-up
When using Bour&Ber International or certain parts of it, you may be required to sign up as a user of Bour&Ber International; in that case, you agree to provide truthful information when requested, and – if a minimum age is required to sign up as a user – you agree that you are at least the age requested. By registering as a user, you agree to these Terms and Conditions, including any amendments published by Bour&Ber International.
3. Privacy Policy
Sign up information and any other personal identification information collected by the Website is subject to the terms of Bour&Ber International Privacy Statement.
4. Log in and password
You are responsible for keeping your password confidential, and shall be responsible for any use of your user account and/or user name, whether authorized by you or not. You agree to immediately notify Bour&Ber International of any unauthorized use of your user account, user name or password.
5. Return Policy
If for any reason you are not satisfied with the shipment, please contact us via email at info@bourandber.com within 14 days of receipt for replacement or return. The item must be in its original condition and packaging, unused, unwashed, unaltered and with all tags still attached.
6. Time and Place of Delivery
Bour&Ber International undertakes to deliver the Products purchased by the Customer, in perfect condition, at the address indicated by the Customer on the order form. In order to optimize delivery, the Customer must indicate an address to which the order can be delivered, within normal business hours, ie between 9:00 (nine) hours and 18:00 (eighteen) hours, Monday to Friday, on business days.
1. Bour&Ber International will not be responsible for delivery errors caused by incorrect delivery addresses entered by the Customer in the corresponding order form, non-existent addresses, addresses that do not match locations or incomplete addresses with omitted data.
2. Bour&Ber International informs the Customer that it is possible that the same order is divided into several deliveries.
7. Your conduct
You agree that information of any kind, whether text, programming, code, music or sound, photographs or graphics, video and other materials (hereinafter “content”), made publicly or privately available, shall be the sole responsibility of the person providing such content, or the person who owns that user account. You agree that Bour&Ber International may show you content that may be offensive. Bour&Ber International shall not be liable in any way for any such content displayed on Bour&Ber International, nor for any error or omission.
By using Bour&Ber International or any service provided, you explicitly agree that:
(a) You will not provide or disseminate any content that may be qualified as: illegal; threatening; dangerous; abusive; tortuous; defamatory; vulgar; obscene; offensive; objectionable; pornographic; content designed to hinder and damage the business of Bour&Ber International or any service provided; you will refrain from spreading any content infected with a virus or any other harmful program; content that give rise to any civil or criminal liability; or content punishable as a violation of any local, national or international law;
(b) You will not impersonate or misrepresent your association with any other person or entity; you will not falsify or seek to falsify the content or the origin of any content you provide;
(c) You will not collect or store other users’ information;
(d) You will not provide or use Bour&Ber International content and services in a commercial manner, or in any fashion that may involve junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized advertising or trading; you will not use Bour&Ber International to promote or operate any service or content without the prior written consent of Bour&Ber International;
(e) You will not provide any content that would put Bour&Ber International at legal or criminal risk, or that may be in violation of any local, national or international law, including, but not limited to, laws relating to copyrights, trademark registrations, patents and commercial activities.
8. Submitting Content to Bour&Ber International
By submitting any content to Bour&Ber International:
(a) YouagreetograntBour&BerInternationalanon-exclusive,perpetual,worldwide right or license (including any moral or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, archive, translate, and create derivative works and compilations, in whole or in part. Such license shall apply with respect to any form, media and technology already known at the time of provision or subsequently developed;
(b) You warrant and represent that You have all legal, moral and other rights necessary to grant Bour&Ber International the license specified in item 7 above;
(c) You acknowledge and agree that Bour&Ber International has the right (but not the obligation), in Bour&Ber International’s sole discretion, to refuse to post, remove or block access to any content you provide, at any time and for any reason, whether or not you have posted it.
9. Typographical Errors
While Bour&Ber International strives to provide accurate pricing and product information, typographical errors in pricing and products may occur. Bour&Ber International cannot confirm the price of any item until after the order is placed. In the event that an item is shown with the wrong price or information due to a typographical error, Bour&Ber International has the right, at our discretion, to refuse or cancel any orders for this item. In the event that an item is incorrectly priced, Bour&Ber International may contact you for instructions, cancel your order and inform you of the cancellation.
10. Prices in different currencies
The prices of products sold by Bour&Ber International are based on U.S. Dollars (US$). Prices shown in other currencies have been converted from U.S. dollars, and according to the latest conversion rates. Due to fluctuations in currency values, prices shown on the Web in non-US dollars, except on the individual product page, may not be up to date. Areas of the Website where such foreign currencies may not be current include, but are not limited to, promotional banners, promotional pages, and product information pages displayed by category. The price shown on a specific product page, regardless of currency, is the price you will pay Bour&Ber International, excluding shipping.
11. Indemnification
You agree to indemnify and hold Bour&Ber International and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, harmless from any claim or lawsuit, including reasonable legal fees, made by any third party due to or arising out of a connection with Bour&Ber International or its service, its provision of content, your violation of these Terms and Conditions, or any other violation by you of the rights of any person or party.
12. Warranty disclaimer
YOU UNDERSTAND AND AGREE THAT YOUR USE OF BOURANDBER.COM AND BOUR&BER INTERNATIONAL SA DE CV, LIMITED TO ANY SERVICE OR CONTENT PROVIDED (HEREINAFTER “SERVICE”) IS AT YOUR SOLE RISK. WE PROVIDE SERVICES AND CONTENT TO YOU ON A “AS IS” BASIS, AND BOUR&BER INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BOUR&BER INTERNATIONAL MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, TIMELY, RELIABLE, ACCURATE, OR OF ANY QUALITY, NOR IS IT IMPLIED OR EXPRESSLY WARRANTED THAT ANY CONTENT IS SAFE IN ANY WAY FOR DOWNLOADING. YOU UNDERSTAND AND AGREE THAT NEITHER BOUR&BER INTERNATIONAL NOR ANY PARTICIPANT IN THE SERVICE PROVIDES YOU WITH PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR OTHER INFORMATION OBTAINED THROUGH BOURANDBER.COM SHALL BE USED SOLELY AT YOUR OWN RISK, AND THAT BOUR&BER INTERNATIONAL SHALL NOT BE LIABLE FOR ANY LEGAL LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties, and certain portions of the above disclaimer may not apply to you with respect to implied warranties; all other terms and conditions shall continue to apply.
Based on Bour&Ber International’s judgement, we reserve the right to remove, at any time, and,unilaterally the contents in any section of the website and the Social Network, if Bour&Ber International deems it appropriate due to the nature of the contents. Bour & Ber International, will not be responsible for the information sent by the user when it has no actual knowledge that the information stored is unlawful or that the information may damage property or rights of a third party, liable for compensation. Once we become aware that it in fact contains data such as those referred to above, Bour & Ber International will take diligent actions to remove it or prevent its access.
In any case, to submit any claim related to the contents inserted in the relevant sections, you can do so by contacting the following email address: “info@bourandber.com”
13. Limitation of liability
Bour&Ber International makes its best efforts to ensure uninterrupted availability of the Website. However, access may be temporarily interrupted by maintenance work, the uploading of updates, new Products or for reasons beyond the control of Bour&Ber International. Bour&Ber International assumes no liability whatsoever arising, by way of example, but not limited to:
The use that Customers or Users may make of the materials on the Website, App or other Internet sites links, whether prohibited or permitted, in violation of intellectual and/or industrial property rights of the website’s or third parties’ contents.
Any violation of intellectual and industrial property rights that third parties collaborating with Bour&Ber International may commit in relation to the Products or materials supplied for the sale of Products.
Any damages caused to customers or users as a result of normal or abnormal operation of search tools, the organization or location of content and/or access to the Website and, in general, errors or problems that are generated in the development or implementation of the technical elements that the Web Site or a program provides the Customer or User.
The contents of those pages to which the Clients or Users can access from links included in the Website, whether authorized or not.
The acts or omissions of third parties, regardless of whether these third parties may be linked to Bour & Ber International by contract.
Access by minors to the contents included in the Web Site, being the responsibility of their parents or guardians to exercise adequate control over the activity of minors in their care or install any of the tools to control the use of the Internet in order to prevent access to materials or content unsuitable for minors, as well as the sending of personal data without the prior authorization or consent of their parents or guardians.
Errors or delays in accessing the Website by the Customer at the time of entering your data in the purchase process, the slowness, frozen process or order confirmation not popping up to the recipients of the order or any anomaly that may arise when these incidents are due to problems in the Internet network, caused by acts of God or elements of force majeure and any other unforeseeable contingency beyond the good faith of Bour & Ber International.
Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the Website is constantly operational.
Errors or damage caused to the Website due to inefficient use and bad faith from part of the Customer or User.
The problems caused by any invalid email address provided by the Customer for sending the order confirmation.
Bour&Ber International aims at solving any problems that may arise and seeks to provide all necessary support to the Customer to reach a quick and satisfactory resolution of any incidents that may arise on the Website.
In some jurisdictions, it is not permitted to limit liability and, moreover, such limitations may not apply to you.
14. Reservation of Rights
Bour&Ber International reserves all rights, including, but not limited to, any and all copyrights, trademark registrations, patents, trade secrets, and any other proprietary rights Bour&Ber International may have relating to Bour&Ber International, its content, and the goods and services it offers. Use of Bour&Ber International’s rights and property requires prior written consent from Bour&Ber International. By offering services to you, Bour&Ber International is not granting you any implied and/or express license or right, and you shall have no right to use Bour&Ber International or the services they offer, commercially and without prior written consent.
15. Notification of Copyright Infringement
If you believe that your property has been used in any way that may be considered a breach of copyright or an infringement of your intellectual property rights, you may contact our copyright agent by emailing info@Bour&Ber.com.
16. Arbitration
These Terms of Use are governed by the laws of the United States of Mexico, whichever applicable in each case.
In case of controversy or disagreement arising from these Terms of Use and for the resolution of any disputes, the parties agree to submit, waiving any other jurisdiction or venue to which they may be entitled, to the competent courts located in Mexico City.
17. Additional Information
(1) In the event that any provision of the following Terms and Conditions shall conflict with the law of a court having jurisdiction over either party, such provision shall be reinterpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions shall continue to be valid and enforceable; (2) The failure of either party to assert any of the rights referred to in these Terms and Conditions shall not be deemed a waiver of that party’s right, and shall remain in full force and effect; (3) You agree that any claim or cause of action relating to Bour&Ber International or its services must be filed within one (1) year after such claim or cause of action arose, or be forever barred, without regard to any contrary law;
(4)Bour&Ber International may assign Bour&Ber International’s rights and obligations under these Terms and Conditions; in which case, Bour&Ber International shall be relieved of any further obligation.
18. Warranty of Products Purchased
In the case of certain Products or Services, Bour&Ber International acts as a distributor of manufacturers or wholesale distributors who warrant that the Products marketed on the Website operate properly and are free from defects or hidden defects that may make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, the use that each Customer makes of the Products is the sole responsibility of the Customer, without any liability whatsoever on the part of Bour&Ber International. The contractual warranty usually offered is 30 (thirty) days through the respective supplier, although it is possible that this depends on the manufacturer or supplier and is issued and endorsed by them, so Bour&Ber International assumes no responsibility for such warranties and the Customer must contact directly to the supplier or manufacturer of the Product in question to enforce the warranty. Once the Customer has received the Product, it will have an informative brochure of the brand, the instructions for correct use and installation instructions for the correct use and installation of the Product and all the information about the warranty that the manufacturer has conferred. No Customer may apply to
Bour&Ber International for a warranty longer than that stated therein. In such cases, Bour&Ber International will not be obliged to respond to these guarantees, or take back the damaged Product or Products, but the Customer should contact and go directly to the after-sales service of the supplier or manufacturer of the Product in question. In this regard, Bour & Ber International will take steps to provide customers who so request, the contact details of such service and provide customers with sufficient information for the submission of relevant claims.