General Terms
General Terms and Conditions of Sale.
This website is operated by BirkenSale. The terms "we", "us" and "our" refer to BirkenSale. BirkenSale offers this website, including all the information, tools and services available on this website to you, the user.
By visiting our site and/or purchasing any item(s), you agree to our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms") referenced herein and/or available by hyperlink. These include browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to the terms and conditions of this Agreement, you may not access the Website or use any services. If these Terms of Use are taken into account, they are expressly limited to these Terms of Use.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the Website following the posting of any changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell products and services.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Use, you have reached at least the age of majority in your state of residence.
You may not be allowed to use any of the services according to the law of your country. You must not transmit any viruses or code of a destructive nature. No violation of the terms of our services is permitted.
SECTION 2 - TERMS & CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred without encryption (a) and used for transmission purposes over different networks; and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transferring over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any other contact provided by the Service, without express written permission.
The headings used in this Agreement are included for convenience and will not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND INFORMATION
We are not responsible if the content is not accurate, complete or current. The content of this site is intended for general information only and should not be used to make decisions without consulting main, more accurate, more complete or more up-to-date sources of information. Any reliance on the content of this site is at your own risk.
This site may contain historical information. Historical information may not be current and is provided for reference only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that you are responsible for monitoring changes to our site.
SECTION 4 - SERVICE AND PRICE CHANGES
The prices of our products are subject to change without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part thereof) without notice and at any time.
We will not be liable to third parties, price changes, suspension or discontinuation of the service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our return policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in store. We cannot guarantee that the color display on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting 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 sole judgment, appear to have been placed by resellers, or distributors.
You agree to provide current, complete, and accurate purchase information, account information, for all purchases made in 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 can complete your transactions and contact you as needed.
For more details, please see our return policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not control or control.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without any endorsement. We are not responsible for your use of optional third-party tools.
Any use by you of the optional tools offered on the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms of use of the tools provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services are also subject to these Terms of Use.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our service may include materials from third parties.
Third-party links on this Site may direct you to third-party websites not affiliated with us. We are under no obligation to review or evaluate the Content, and we do not warrant and will not assume any responsibility for any third-party materials or websites, or for any other third-party materials, products, or services.
We are not responsible for any damages or injury related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Please carefully review the third party's policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the latter.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific contributions (e.g., contest entries) or we do not request them, you send creative ideas, suggestions, proposals, plans or other materials, online, by email, postal mail or otherwise. (collectively, the "Comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use any Comments you transmit to us. We are and will not be obligated in any way to (1) keep your Comments
confidential; (2) pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we consider in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or violating any party's intellectual property or these Terms of Use.
You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. You further agree that your comments do not contain any defamatory, illegal, abusive or obscene content, or any computer viruses or other malicious programs that could 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 other than yourself, or mislead us, or mislead third parties as to the origin of any Feedback. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information, inaccuracies or omissions regarding product description, pricing, promotions, offers, shipping costs, delivery times and availability may appear on our site or in the Service. We reserve the right to correct any errors, inaccuracies, or omissions, as well as to change or update information, or cancel orders if any information on the Service or any associated website is inaccurate at any time without notice (including after you submit your order). The delivery page is a continuation of these general terms and conditions of sale.
We disclaim any obligation to update, change, or clarify any information on the Service or any associated website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Service or any associated website should be taken as indicating that all information on the Service or any associated website has been changed or updated.
SECTION 12 - PROHIBITED USES
Other than the prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its contents: (a) for any unlawful purpose; (b) solicit others to perform or participate in illegal acts; (c) violate any local, international, federal, provincial, or state regulations, rules, laws, or ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any manner that affects the functionality or operation of the Service or any associated website, website or internet; (h) collect or track personal information from third parties; (i) spamming, phishing, pharm, pretext, spider, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any
associated website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any associated website for violating the prohibited uses.
ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent, or warrant that the use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time, we may discontinue the Service for an indefinite period of time or cancel the Service at any time, without notice.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (unless expressly stated by us) provided "as is" and "as available", without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title, and non-infringement. (However, your product will be guaranteed for 1 year in accordance with the applicable law)
BirkenSale, our directors, officers, employees, subsidiaries, agents, subcontractors, interns, suppliers, service providers or licensors shall not be liable for any damages, losses, claims, or any direct, indirect, incidental, punitive, special or indirect damages. consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, savings, loss of data, replacement costs, or any other similar damages, whether based in contract, tort (including negligence), strict liability, resulting from the use of any service or products purchased using the service, or for any other claim related in any way to your 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 incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if notified thereto. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BlendJet and our parent, subsidiaries, affiliates, partners, officers, directors, agents, licensors, service providers, contractors, suppliers, interns, and employees, without prejudice to any claims, including reasonable attorneys' fees, charged by third parties due to or resulting from your violation hereof or the materials they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed to be severed from these Terms and Conditions. For greater meaning, this determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - COMPANY
BirkenSale
SECTION 17 - TERMINATION
The obligations and liabilities of the parties contracted prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or when you cease using our site.
If in our sole judgment you fail, or if we suspect that you have failed to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice and you will be liable for all amounts due up to and including the date of termination; and/or as a result may deny you access to our Services (or any part thereof).
SECTION 18 - DELIVERY
Shipping costs vary depending on the type of delivery chosen.
Delivery is possible anywhere in UK & Europe.
SECTION 19 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use, together with any policies or operating rules posted by us on this Site or with respect to the Service, constitute the entire agreement between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, , but not limited to, previous versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafter.
SECTION 20 - GOVERNING LAW
These Terms of Use and any separate agreements under which we provide services to you shall be governed by and construed in accordance with the laws of Ontario, Canada.
SECTION 21 - MODIFICATION OF THE TERMS OF SERVICE
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Any questions regarding the Terms of Use should be directed to us via the following form: https://birkensale.com/pages/contact.
