0

TERMS OF SERVICE

This website is owned and operated by Bijolie, LLC. We respect your privacy and understand that you have a right to know why we collect your personal information and what we do with it.

These Terms of Use apply when you visit and/or use this website and/or any of our mobile applications (individually or collectively, “Sites”). “You/your/user(s)” means you as a user of our Sites, including any information, tools and services available from the Sites, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here, which you accept by continuing to utilize the Sites.

By accessing the Sites, you acknowledge these Terms of Use and agree to be bound by the terms hereof, and any other terms or policies set forth on the Sites. If there is anything you do not understand please email any inquiry to info@bijolie.com. If at any time you do not agree to these Terms of Use, please do not use the Sites.

We reserve the right to change or update these Terms of Use by posting such changes or updates to the Sites. Amendments to these Terms of Use will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and to check the Sites regularly to be sure you understand all terms and conditions, agreements and policies of the Sites and are in compliance with them. You can tell if these Terms of Use have changed by checking the last modified date that appears at the end of these Terms of Use. Your continued use of the Sites following the posting of any amendment, modification or change shall constitute your acceptance thereof.

 

INTELLECTUAL PROPERTY OWNERSHIP AND USE

 

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within the Sites Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

We grant you the limited right to access and make use of the Sites as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Sites or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b)  use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain any of our trademarks or names; d) engage in any activity that interferes with the Sites or another user’s ability to use the Sites; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Sites and the goods or services offered on the Sites; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

All Site Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

 

ERRORS AND INACCURACIES

 

We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Sites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Sites.

 

IF YOU BELIEVE THAT A PRODUCT OFFERED BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO US PURSUANT TO OUR RETURN POLICY.

 

CHANGES TO THE SITES OR THESE TERMS OF USE

 

Other than as may be required by applicable law, we reserve the right to modify or withdraw, temporarily or permanently, the Sites (or any portion thereof) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Sites or any portion thereof. 

We may alter these Terms of Use from time to time, and your use of the Sites following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Sites.

The Sites are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Sites or because of a failure, suspension or withdrawal of all or part of the Sites.

 

EXTERNAL SITES AND RESOURCES

 

We are not responsible for the availability of any websites or mobile applications owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

 

ORDERS, PRICING, AND RESALE

 

Nothing contained in the Sites constitutes a binding offer to sell products or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Sites are quoted in U.S. dollars and must be paid in U.S. dollars.  In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

 

ONLINE SERVICES

 

The Sites contain or may contain various interactive portions, such as a user forum, product review features, message board or other types of interactive features that allow users to post content on our Sites (“Online Services”). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) express the views and opinions of the user and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to info@bijolie.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same. 

By using the Sites, you agree that:

  1. a. You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
    b. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
    c. You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.
    d. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
  2. User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information in the public areas of our Sites, this information is not subject to our Privacy Policy. You may also may receive unsolicited messages and contacts from other users in return.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

If you submit any User Content to the Sites, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.

If you choose to communicate or meet with other users of the Sites, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

 

INFRINGEMENT NOTICE

We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email at the following address: info@bijolie.com.

In order for us to more effectively assist you, the notification must include all of the following:

a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
b. A description of the copyrighted work or other right you claim has been infringed or violated;
c. Information reasonably sufficient to locate the material in question on the Website;
d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

 

SALES AND SHIPPING

 

We accept credit cards for our products through our third-party payment processor. If you provide incorrect information, it will likely cause a delay in processing your order, or we may not be able to fulfill your order. Your credit card will be billed upon shipment of your order. 

For orders containing multiple items, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

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 or decline your order for any reason or to supply less than the quantity you ordered of any item. If we decline or cancel an order, you will not be charged for the same and your payment will be refunded. 

Your order will ship as it becomes available, and we will make every effort to ship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. 

Your credit card will be automatically charged for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that have not been taxed by us and pay the sales or use tax on those purchases as you are required to do by your local laws.  If you are shipping outside of the US, once your order arrives at its destination, you will be required to pay all import duties, customs and local sales taxes levied by the country to which you are shipping in order to release your order from customs. International duties and taxes will be marked “Bill to Recipient.” We are not responsible for orders not accepted due to failure to pay duties and taxes. International shipping, duty, and taxes are non-refundable in the event of a return/exchange.

 

RETURN POLICY

 

Unless your applicable laws within the jurisdiction of your residence provide otherwise, the following return policy applies to you:

Returns: 

You may only return a product within fourteen (14) days after your receipt of the product. If fourteen (14) days have gone by since you received your purchase, unfortunately we cannot offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Any custom orders are also not returnable.

We will not accept a return of any item not in its original condition or that is damaged for reasons not due to our error. 

Any discounted item is “final sale” and may not be returned, unless the item is damaged for reasons due to our error or the incorrect items was sent to you.

Refunds:

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. 

Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

If you are approved for a refund, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

If an item is “final sale”, but it is damaged or the incorrect item was shipped to you, upon receipt of your return of such item, we will send you the correct, undamaged item. If the item is no longer available, you will be entitled to an exchange or store credit only.

Late Or Missing Refunds:

If you haven’t received a refund yet, first check with your bank or credit card company as it may take some time before your refund is officially posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at info@bijolie.com.

Where to return:

Please contact us at info@bijolie.com and we will arrange a collection of your returned item.

 

DISCLAIMERS

 

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE SITES. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

WE MAKE NO WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

 

AS SET FORTH IN OUR PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE SITES AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE SITES BY YOU.

 

LIMITATIONS ON LIABILITY

 

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE SITES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

INDEMINIFICATION

 

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE SITES AND ANY BREACH BY YOU OF THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SITES, OR THE USE BY ANY OTHER PERSON ACCESSING THE SITES USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

 

RESOLUTION OF CLAIMS OR DISPUTES

 

These Terms of Use will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. By visiting the Sites, you agree that, except as otherwise specified herein, the laws of the State of New York without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Sites.

We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: info@bijolie.com and include the words “DISPUTE NOTICE” in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of

resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.

 

ARBITATIONS

 

Any and all disputes between you and us will be resolved by binding arbitration. You hereby agree to give up your right to go to court to assert or defend your rights under these Terms of Use, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms of Use, including with respect to the interpretation of any provision of these Terms of Use or other agreements between you and us, or concerning the performance or obligations of you and us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:

  • Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York, New York.
  • Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
  • Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
  • Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
  • Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
  • The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

 

CLASS-ACTION WAIVER

 

Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

NOTICE FOR CALIFORNIA USERS

 

Under California Civil Code Section 1789.3, residents of California who use the Sites are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

In addition, we may be reached by email at info@bijolie.com or telephone at +1 844-700-4788. Please contact us to resolve any issues with our Sites that you may have.

 

INVESTIGATIONS OF VIOLATIONS OF THESE TERMS OF USE

 

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

 

MISCELLANEOUS

 

If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Sites (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Sites and your use of the Sites and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements.

You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements. 

You may send us notices or communicate with us by email at info@bijolie.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.