legaTermes of Service
GENERAL
This website is operated by Bénieller LLC. Throughout the site, the terms “we”, “us” and “our” refer to Bénieller LLC.
Bénieller LLC offers this website, including all information, tools and services presented on this site to you, the user, conditioned upon your use of the site.
You, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you are interacting with our “Service” and acknowledge as binding the following terms and terms and
conditions (hereinafter referred to as “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to site, including but not limited to
users who are browsers, suppliers, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of
Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the site or use any services on this site or use any services. If these
Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
New features or tools added to the current store will also be subject to the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service.
SECTION 1: TERMS OF THE ONLINE STORE
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, by using the Service, violate the laws of your jurisdiction (including, without
limitation, copyright laws).
You will not transmit any computer worms or viruses or any code of a destructive nature.
Failure to comply with or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2: GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to accommodate and comply with technical requirements of connecting networks or devices. Credit card information is always encrypted during
transfer across 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 contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are for convenience only and shall not limit or affect these Terms.
SECTION 3: ACCURACY, COMPLETENESS AND TIMING OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The material presented on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more recent sources of information. Your reliance on any material on this site is at your own risk.
This site may contain certain historical information. Historical information is, inevitably, not current and is provided for reference only. We reserve the right to
modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4: MODIFICATIONS TO PRODUCTS AND PRICING
Prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5: PRODUCTS
Certain products or services may be available exclusively online through the Website. These products may have limited quantities and are subject to return or
exchange only in accordance with our Exchanges and Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the
display of any color 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 any products 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 discontinue any product at any time. Any offer for any product or service made on this site is void where such product or service is prohibited.
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.
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 with the same customer account, the same credit card, or orders using the same billing or shipping
address. In the event we make a change to or cancel an order, we will attempt to notify you via email, or the billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide complete and accurate current purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please see our Privacy Policy.
SECTION 7: OPTIONAL TOOLS
We may provide you with access to third party tools that we do not monitor, have no control over, or contribute to.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or in connection with your use of optional third party tools.
Any use you make of optional tools offered through the Site is at your own risk, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third party providers. We may also, in the future, offer new services or features through the site (including, the release of new tools and resources). These new features or services will also be subject to these Terms of Service.
SECTION 8: THIRD PARTY LINKS
Some content, products and services available through our Service may include third party resources.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, nor do we warrant or assume any liability or responsibility for any third-party resources or websites, or any other materials, products or services of third parties.
We are not liable for any damages or injury related to the purchase or use of goods, services, resources, content or any other transactions made in connection
with third party websites. Please review carefully the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 9: USER COMMENTS, FEEDBACK AND OTHER COMMUNICATIONS
If, at our request, you submit certain specific communications (e.g., contest entries) or, without a request from us, submit creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail, or otherwise (hereinafter collectively referred to as ¨Comments¨), you agree that we may, at any
time, without restriction: edit, copy, publish, distribute, translate and use in any medium any Comments you submit to us. We do not and will not have any obligation (1) to keep any Comments confidential; (2) to pay any 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 determine in our sole discretion to be unlawful, offensive, threatening, libelous,
defamatory, defamatory, pornographic, obscene or objectionable, or that infringes any party’s intellectual property or these Terms of Service.
SECTION 10: PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 11: ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Service that, from time to time, contains typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or
omissions, to change or update information, or to cancel orders if any information on the Service or in the orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order). We undertake no obligation to update, modify or clarify information on the Service or any related website, including but not limited to pricing information, except as required by law. No update specified or update date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website is accurate.
SECTION 12: PROHIBITED USES
In addition to the prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information;
(g) upload or transmit viruses or any other harmful code that affects or may affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) spam, phish, pharm, pretext, spider, track or excerpt; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, or other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your 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 remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of the service or inability to use the service is at your own risk. The service and all products and services delivered to you through the service (unless otherwise specified by us) are provided on an “as is” and “as available” basis for your use without availability for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability,
fitness for a particular purpose, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no event shall Bénieller LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, indirect, incidental, punitive, special or consequential damages, incidental, punitive, special or consequential damages of any kind, including but not limited to; loss of profits, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or negligence, strict liability or otherwise, arising out of your use of any of the service or any product purchased through the service, or for any other reason whatsoever, whether in contract, tort (including negligence), strict liability or otherwise. purchased through the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any product. incurred because of your use of the service or any content (or product) posted, transmitted or made available through the service, even if your use of the service or any content (or product) is service, even if advised of its possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the exclusion or limitation of liability may not apply. Incidental damages, in such states or jurisdictions, of our liability shall be limited to the maximum extent permitted by law.
SECTION 14: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bénieller LLC and our parent, subsidiaries, affiliates, associates, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, of Woocomerce.com from any claim or demand, including reasonable attorneys’ fees, incurred by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any
law or the rights of a third party that you make.
SECTION 15: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, without such determination
affecting the validity and enforceability of the remaining provisions.
SECTION 18: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of
Georgia, United States.
SECTION 19: CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to these Terms of
Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your use of our website or the Service or your access to any of these on a continuing basis following the posting of any changes to these Terms of Service, on an ongoing basis following the posting of any changes to these Terms of Service, constitutes acceptance of those changes.
SECTION 20: CONTACT INFORMATION
If you have any additional questions about our products, please do not hesitate to contact us at info@benieller.com. We have established this e-mail address as the official contact channel between our customers and us.