Terms of Service
1. Terms
These terms of service are entered into by and between You and Bijou Coverings LLC (the “Company,” “we,” or “us”). The following terms and conditions (“Terms of Service”), govern your access to and use of https://www.bijoucoverings.com/, including any content, functionality and services offered on or through the website (the “Website”).
Please read the Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service, and our Privacy Policy, found at https://www.bijoucoverings.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are eighteen (18) years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not of legal age, you must not access or use the Website.
2. Products
The sale of products (the “Products”) sold by the Company shall be governed in all respects in accordance with these Terms of Service as well as the Company’s Terms and Conditions on the reverse side of the Company’s purchase orders/invoices (“PO/Invoice”). A purchaser of such Products is hereinafter referred to as a “Customer”.
3. Risk of Loss
Unless the Company specifies otherwise, all deliveries are F.O.B. shipping point, and Customer bears all risk of loss upon delivery to carrier, including any carrier used by the Company.
4. Payment Terms
A deposit is due upon placement of an order, and the remaining percent of the payment is due prior to shipment of the Products. Payments made by credit card are subject to a four (4%) percent processing fee. Customer shall make all payments due without deduction or offset of any kind. Interest shall accrue on all unpaid balances of thirty (30) days or more at a rate equal to the lower of one and one-half (1½%) percent per month or the maximum monthly rate allowed by law. Payments of any nature received by the Company may be applied against any amounts then due and owing by Customer with regard to such PO/Invoice or any other invoice, purchase order, contract or agreement. If Customer fails to pay any amount due to the Company under such PO/Invoice or any other purchase order, invoice or any other contract, the Company may elect to have all amounts due from Customer immediately payable, and also may cancel any unfilled order without liability. Pricing includes design development, revisions, samples and production. Pricing is subject to licensing fees, if any. The estimated lead time for delivery of the Products is two to four (2-4) weeks, subject to special finishing needs and/or lamination/perforation which would extend any such lead times. However, the estimated lead time is subject to change once art requirement and/or material specifications are finalized. Additional fees may apply for expedited service. If solely digital mockups are required, a deposit will be imposed and credited once the order is approved. Final production will only be scheduled when the Company has received a purchase order, payment as per the terms of this paragraph and Customer’s written approval of any strike-off(s). All orders are subject to overage charges. Customer shall bear the cost of shipping the Products, and such costs shall be based on Customer’s delivery requirements. Shipping charges will either be added to the invoice or Customer can supply shipper account information, and the Company will ship 3rd party.
5. Legal Fees on Collection
In the event Customer fails to make any payment due hereunder, Customer shall, in addition to all other rights and remedies of the Company, be obligated to pay the Company’s legal fees and expenses of collection.
6. Returns
The Company’s return policy can be found at: https://www.bijoucoverings.com/returns, and is incorporated herein by reference.
7. Force Majeure
The Company shall not be liable and shall be excused from performance for delay in delivery of the Products, in whole or in part, where such failure or delay is occasioned by acts of God, accident, strike, lockout, fire, failure or interruption of power, transportation or other utilities, labor dispute, war, riot, insurrection, terrorist act, epidemic, pandemic, states of emergency, quarantine, communicable and/or virulent disease outbreak, flood, accident, storm, acts of nature or any other cause beyond its control, and its time for performance shall be extended by the total of all such delays. If any delay exceeds forty-five (45) days, the Company may cancel any PO/Invoice in whole or in part without liability.
8. Acceptance; Claims
Customer must inspect orders upon delivery. Failure to notify the Company, pursuant to Section 26 of these Terms of Service, of any defects in the Products or non-conforming goods within seven (7) days of the date of delivery of the Products shall be deemed acceptance by Customer of all such Products. ALL OTHER CLAIMS BY PURCHASER REGARDING THE PRODUCTS MUST BE MADE IN WRITING, pursuant to Section 26 of these Terms of Service, TO THE COMPANY’S ADDRESS BELOW NO LATER THAN THREE (3) MONTHS FROM THE DATE OF DELIVERY OF THE PRODUCTS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
9. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website for its intended use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download limited copies of pages of the Website for approved purposes and not for further reproduction, publication or distribution.
You must not:
· Modify copies of any materials from this Website.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any unintended purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: sales@bijoucoverings.com.
All information on the Website was developed by and the property of the Company. If you print, copy, modify, download or otherwise use or provide any other person access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
10. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on the Company’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
11. Trademarks
The Company’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
12. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Copy or reproduce any material on the Website without express prior written consent of the Company.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
13. Monitoring and Enforcement; Termination
We have the right to:
Take any action with respect to your use of the Website and concerning any information you provide that we deem necessary or appropriate in our sole discretion, including if we believe that such use of information violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party on or through the Website. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
14. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements expressed in these materials, other than the content provided by the Company, are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
15. Product Display
We endeavor to display the products and other images on the Website as accurately as possible. However, since we cannot control the capabilities and limitations of your monitor, we do not guarantee that your monitor’s display of any color, texture or detail of any actual merchandise will be accurate.
16. Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE CURRENT, COMPLETE, ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE WILL BE UPDATED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IN ADDITION, THE COMPANY NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE OR TECHNOLOGY TO THE COMPANY.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitations and Exclusion of Certain Claims
ANY CLAIMS MADE BY A CUSTOMER AGAINST THE COMPANY MUST BE COMMENCED BY SUCH CUSTOMER NO LATER THAN THREE MONTHS FROM THE DATE OF THE PO/INVOICE; FAILURE TO DO SO WILL RESULT IN A WAIVER OF ANY SUCH CLAIM. THE COMPANY’S TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF ANY PO/INVOICE (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF BREACH OF CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE PURCHASE PRICE FOR THE PRODUCTS RELATED TO ANY SUCH CLAIM AS SET FORTH ON SUCH PO/INVOICE.
YOUR ONLY REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE EMPLOYEES, OWNERS, MEMBERS, MANAGERS, SHAREHOLDERS OR REPRESENTATIVES BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT, OR ANY LOSS OF PROFITS OR REVENUE), WHETHER OR NOT FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON ANY OPINIONS APPEARING ON THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND FOR THE SERVICES AND PRODUCTS OFFERED ON THE WEBSITE.
18. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to any use of the Website's content, services and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
19. Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
You may only link to the Website in accordance with any additional terms and conditions we provide. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any links at any time without notice in our discretion.
20. Links from the Website
The Website may contain links to other websites that are owned and operated by third parties. You acknowledge that the Company is not responsible for the operation of or the content located on or through any such third-party websites. An advertisement of, or link to, an unrelated third-party website does not mean that we approve, endorse or accept any responsibility for that website. The Company does not make any representations or give any warranties of any kind about other third-party websites, the content thereof, or the products and/or services made available through such websites. Before you use a third-party website, you should review the applicable terms and conditions and privacy policy of such third-party website. Use of any such linked website is at your own risk.
21. Modifications
We may revise and update these Terms of Service from time to time in our sole discretion and without notice. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
22. Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may, in our sole discretion and for any reason, restrict access to some parts of the Website, or the entire Website, to users, including registered users, if any.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
To access some of the resources the Website offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://www.bijoucoverings.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
23. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy https://www.bijoucoverings.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
24. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service, any Company PO/Invoice and any dispute or claim arising therefrom or related thereto, shall be construed in accordance with and governed by the internal laws (without reference to choice or conflict of laws) of the State of New York. In respect of any dispute between the parties regarding the subject matter hereof, the parties hereby irrevocably consent and submit to in personam jurisdiction in the courts of New York, County of Nassau, including the United States courts located in and for the Eastern District of New York, and to all proceedings in such courts. You and the Company hereby agree that such courts shall be the venue and exclusive and proper forum in which to adjudicate any case or controversy arising either, directly or indirectly, under or in connection with the Website, these Terms of Service and/or any Company PO/Invoice and that they will not contest or challenge the jurisdiction or venue of these courts.
25. Entire Agreement
The Terms of Service, and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website.
26. Notices
Except as otherwise provided for in these Terms of Service, all notices, requests, demands, claims and other communications hereunder shall be in writing, sent to the Company’s address below, and deemed duly given (a) if by personal delivery, when so delivered, or (b) if sent through an overnight delivery service in circumstances to which such service guarantees next day delivery, the day following being so sent.
Bijou Coverings LLC
98 Cuttermill Road Suite 80
Great Neck, NY 11021
27. Assignments
No PO/Invoice nor any other benefits to accrue thereunder, shall be assigned or transferred by either party, either in whole or in part, without the prior written consent of the other party.
28. Waiver and Severability
If the Company fails to enforce any term or condition set out in these Terms of Service or any PO/Invoice, such failure shall not be construed as a further or continuing waiver of any such condition or breach or a waiver of any other term, covenant, representation or warranty of these Terms of Service or of such PO/Invoice, as applicable.
If any term, provision, covenant, or condition of these Terms of Service or any PO/Invoice is held by a court or agency of competent jurisdiction to be indefinite, invalid, void or otherwise unenforceable, the rest of these Terms of Service and/or the PO/Invoice, as applicable, shall remain in full force and effect and shall in no way be affected, impaired or invalidated.