Terms of Use
PRESENTATION
On this site, the terms "we," "us," and "our" refer to baliiwind.com. baliiwind.com offers this site, including all information, tools, and services available from this site, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing anything from us, you are using our "Service" and agree to be bound by the following terms and conditions ("Terms of Use," "Terms"), including the additional terms and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these terms of use carefully before visiting or using our website. By visiting or using our website, you agree to be bound by these terms of use. If you do not agree to all the terms and conditions contained in this agreement, you may not access the website or use any services. If these terms of use are considered an offer, acceptance is expressly limited to these terms of use.
Any new features or tools added to the current store shall also be subject to the Terms of Use. 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 by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online store platform that allows us to sell our products and services to you.
ARTICLE 1 - TERMS OF USE FOR THE ONLINE STORE
By agreeing to these Terms of Use, you certify 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 have given us your consent to allow your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.
You may not transmit any worms, viruses, or any code of a destructive nature.
Violation of the Terms will result in immediate termination of your Services.
ARTICLE 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to deny anyone access to our services, for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of, access to, or connection to the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these terms and conditions.
ARTICLE 3 - ACCURACY, COMPLETENESS, AND CURRENCY OF INFORMATION
We assume no responsibility if the information on this website is not accurate, complete, or current. The information on this website is provided for informational purposes only and should not be used as the sole basis for decision-making without consulting primary, more accurate, more complete, or more current sources of information. Any use of the information presented on this website is at your own risk.
This website may contain historical information. This historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this website at any time, but we are under no obligation to update any information contained herein. You acknowledge that it is your responsibility to monitor changes to our website.
ARTICLE 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the 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 the colors and images of our products in the store as accurately as possible. We cannot guarantee that your computer screen will display any color accurately.
We reserve the right, but are not obligated, to limit the 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 or services 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 any product at any time. Any offers for products or services made on this site are void where prohibited.
We do not guarantee 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.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of placing the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, see our return policy.
ARTICLE 7 - OPTIONAL TOOL
We may provide you with access to third-party tools that we neither monitor nor have any control or influence over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim all liability arising from your use of optional third-party tools.
Any use of optional tools offered through the website is at your own risk and discretion. You must ensure that you are aware of and agree to the terms and conditions of service for the tools from the relevant third-party provider(s).
We may also offer new services and/or features through the website in the future (including the launch of new tools and resources). These new features and/or services will also be subject to these Terms of Use.
ARTICLE 8 - LINKS FROM THIRD PARTIES
Certain content, products, and services available via our Service may include materials from third parties.
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 of these sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party products.
ARTICLE 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (for example, contest entries) or, without our request, you send creative ideas, suggestions, plans, or other materials, whether online, by email, by regular mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments you submit to us in any manner or medium. We are not and shall not be obligated (1) to treat any comments as confidential; (2) to pay compensation for the comments; or (3) to respond to comments.
We may, but are not obligated to, monitor, edit, or remove content that we, in our sole discretion, deem to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes on any party's intellectual property rights or these Terms of Use.
You agree that your comments will not violate any third party rights, including copyright, trademark, privacy, personal rights, or other personal rights or property rights. You also agree that your comments will not contain defamatory, otherwise unlawful, offensive, or obscene material, or contain any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of comments. You are solely responsible for your comments and their accuracy. We take no responsibility for comments posted by you or any third party.
ARTICLE 10 - PERSONAL DATA
Your submission of personal data via the store is governed by our privacy policy. To view our privacy policy, click here.
ARTICLE 11 - ERRORS, INACCURACIES, AND OMISSIONS
There may be information on our website or in the Service that 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, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be construed as indicating that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state statutes, regulations, laws, or local ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal data of others; (i) to spam, phish, use pretext, spider, crawl, or scrape data; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
ARTICLE 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, fast, secure, or error-free.
We do not guarantee that the results obtained from using the service will be accurate or reliable.
You agree that we may, from time to time, remove the service indefinitely or terminate the service at any time without notice to you.
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 it are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
Under no circumstances shall baliiwind.com, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers, or licensors be liable for any damage, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the Services or any products procured 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 we have been advised of their possibility. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by UK law.
ARTICLE 14 - COMPENSATION
You agree to indemnify, defend, and hold harmless baliiwind.com, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, 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 violation of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 - DISCLOSURE
If any provision of these Terms of Use is found to be unlawful, invalid, or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. This severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and responsibilities of the parties arising prior to the termination date shall continue to apply even after this agreement has expired.
These Terms of Use remain in effect 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 stop using our website.
If, in our sole discretion, we determine that you have failed to comply with, or we suspect that you have failed to comply with, any provision of these Terms of Use, we may also terminate this agreement at any time without prior notice. You will then remain liable for all amounts due up to and including the date of termination; and/or, accordingly, we may deny you access to our Services (or any part thereof).
ARTICLE 17 - 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 and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Use).
Any ambiguity in the interpretation of these terms of use shall not be interpreted against the party that drafted them.
ARTICLE 18 - APPLICABLE LAW
These Terms of Use and any separate agreements through which we provide you Services shall be governed by and construed in accordance with French law.
ARTICLE 19 - CHANGES TO THE TERMS OF USE
You can review the latest version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to regularly check our website for changes. Your continued use of or access to our website or the Service after any changes to these Terms of Use have been posted constitutes acceptance of those changes.
ARTICLE 20 - CONTACT INFORMATION
If you have any questions regarding the terms of use, please contact us at support@baliiwind.com.
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