Terms & Conditions
OVERVIEW
These terms and conditions are issued on behalf of B. Nicole Brand, so any use of "we", "us" and "our" refer to "B. Nicole Brand". B. Nicole Brand offers this website with other information, tools, products and services to the user, conditioned upon the acceptance of these terms and conditions and other policies.
By using our site, purchasing any product or service or performing any transaction, you agree to be bound by these Terms and Conditions, including other policies mentioned on the website www.bnicolebrand.com. These Terms and Conditions are applicable to all the users of this site including browsers, customers, merchants, or any other contributor of the content.
If you do not agree to the terms mentioned here, please leave this site immediately.
Any new feature or content added to the website shall be subjected to these terms and conditions. Any new update in these terms and conditions will be posted here. It is the responsibility of the user to check periodically, if there has been any change in these terms and conditions or any other policy on this site.
All rights or obligations contained in this Agreement shall be severable and distinct, and if one or more of them is declared invalid, void, illegal or unenforceable, the rest shall continue to operate to the extent permitted by law.
SECTION 1: GENERAL CONDITIONS
We reserve the right to refuse any service, product or content available on this website to anyone for any reason. You agree that your content (excluding credit card information) may be transferred over different networks without your permission.
SECTION 2: ACCURACY AND COMPLETENESS OF INFORMATION
We do not take any responsibility for the accuracy and correctness of the information provided on this website. The content provided on this website is for general information only and should not be relied upon while taking decisions solely based on this information, without referring to the primary source of information. It is in our sole discretion to update, modify content on this site anytime without anyone's permission.
SECTION 3: MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products can be changed anytime without any notice. It is in our sole discretion to modify or discontinue any product or service without any notice.
SECTION 4: LAW GOVERNING AND JURISDICTION
These Terms are governed, construed, and interpreted in accordance with United States law. You agree to the exclusive jurisdiction of the US courts for any dispute arising out of your use of this site. Use of this site is not authorized in any jurisdiction that does not give effect to these terms.
SECTION 6: PAYMENTS AND CANCELLATIONS
We accept credit or debit cards. We currently accept Paypal. Visitors should check the processing fee for their credit or debit card company or payment service provider before placing an order. B. Nicole Brand is not responsible for any additional costs incurred as a result of transactions concluded without consultation with the debit/credit card company or any payment provider.
You can cancel your order up to the point before payment has been processed by your system.
SECTION 7: ACCURACY OF BILLING AND ACCOUNT INFORMATION
It may refuse any order placed on our website. It is in our sole discretion. In the case where we modify any order or cancel it we may attempt to contact you through the information provided during placing the order. You agree to provide us with correct information while placing the order, including billing address, email, telephone number, credit or debit card number.
SECTION 8: PRODUCTS OR SERVICES
Certain products are limited in number, therefore, these products are subject to return or exchange only based on our Return policy.
The colors and images of products are mere representation of original product. We shall not be responsible for the alteration of any color or image from your browser or monitor. We have the right to limit the sales of our products or services to any geographic location, or person. All the prices of our products and services are subject to change without any intimation at any time.
SECTION 9: SECURITY AND CONFIDENTIALITY MEASURE
All transactions on our website are made through secure servers. Under no circumstances, will our staff be able to access your card information. All personal and credit card information is transmitted using Secure Socket Layer (SSL) technology and then encrypted in the payment gateway providers database only to be accessible by authorities with special access rights to the system.
SECTION 10: UNAUTHORIZED USE OF THIS SITE
Use of this site and systems without authority, including, but not limited to, unauthorized entry in B. Nicole Brand’s systems, online accounts, passwords, or misuse of other information, is strictly prohibited. You may not use this site in any way that could damage, disable, overload or impair this site or service, or interfere with the use and use of this site or services by others. You agree not to engage in any activity related to this site which results in violation of applicable laws and regulations.
SECTION 11: MINORS
You agree that you are at least of the age of 18. Our websites, products and services are intended for people who are 18 years old or older. You agree that you may not use your products for any illegal purpose, including violating any law such as copyright laws.
Any minor accessing this site will be assumed to have taken the permission or his/her parents or guardian.
SECTION 12: LINKS TO THIRD-PARTY SITES AND OPTIONAL TOOLS
THE SITE MAY CONTAIN CERTAIN PRODUCTS, SERVICES AND CONTENT BY THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR THE ACCURACY AND CORRECTNESS OF THE CONTENT OR SERVICES PROVIDED BY THESE THIRD PARTIES AND WILL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY SUCH CONTENT, PRODUCT OR SERVICE.
THIS WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES, INCLUDING ADVERTISERS’ WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE WEBSITES OR THE COOKIES USED BY THOSE WEBSITES. IN ADDITION, AS THE COMPANY DOES NOT CONTROL SUCH WEBSITES AND RESOURCES, WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH WEBSITES OR RESOURCES, AND NOT RESPONSIBLE FOR ANY CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER KIND OF MATERIALS PROVIDED BY THOSE WEBSITES OR RESOURCES.
YOU MAY BE PROVIDED WITH THIRD PARTY TOOLS ON OUR SITE WHICH WE NEITHER CONTROL NOR MONITOR. WE SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING OUT OF USE OF SUCH THIRD PARTY TOOLS. USE OF THESE TOOLS IS AT YOUR RISK.
SECTION 13: USER COMMENTS. FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send us any content or without request from us you send us any comments, ideas, plans or proposals (collectively known as "comments"), by email, to physical address or otherwise, you agree that we have all rights regarding those comments, including editing, copying, publishing. We don’t have any obligation to maintain those comments in confidence or pay compensation. You agree that you will post only those comments that you are legally entitled to publish, and reviews that you believe to be true, and that you will not purposely provide false or misleading information through these comments.
You agree that your comments will not violate any law, including any copyright laws or rights of the third parties. You also agree that your comments will not consist of any libelous, unlawful and obscene material, or contain any viruses or any other malware.
You alone are responsible for the comments you make. B. Nicole Brand will not be liable for any comments and their accuracy. We do not assume any liability arising from your comments.
SECTION 14: PERSONAL INFORMATION
Please refer the Privacy Policy for the information that we collect from our users.
SECTION 15: ERRORS, INACCURACIES AND OMISSIONS
There may be typographical errors, inaccuracies or omission in the content or in the services on the website which may be related to product description, pricing, offers , shipping prices and promotions. It is in the sole discretion of B. Nicole Brand to correct any error, omissions or inaccuracies, and to modify, update or change the information on the website.
- B. Nicole Brand does not have any obligation to update, modify or change the information in services, including pricing of the products, or any other content.
SECTION 16: CODE OF ETHICS AND CONDUCT
COPYRIGHT OWNERSHIP
The copyright to this website and to the materials on this site (including but not limited to text, images, photos, artwork, music, audio, video, and audiovisual materials on this site) is owned by B. Nicole Brand.
COPYRIGHT LICENSE
B. Nicole Brand permits a non-exclusive royalty-free revocable license for the following:- Browse this site and content on website on your computer or mobile device using a web browser.
- Copy and save this site and its content in your browser’s cache.
- Print pages of this site for personal and non-commercial use.
To avoid any doubt, you must not modify, edit, adapt, convert, post, distribute, transmit or display or reproduce this website or any material on this site (in any form) without the prior written consent of B. Nicole Brand. You can request permission in writing at hello@bnicolebrand.com.
DATA MINING:
Automatic and/or systematic collection of data on this site is strictly prohibited.
ENFORCEMENT OF COPYRIGHT
B. Nicole Brand takes copyright protection of its content very seriously.If B. Nicole Brand finds that you have used our copyrighted material in violation of the above license, B. Nicole Brand may take legal action against the use of such material for an injunction to stop the use of the material and monetary damages. You may have to pay our legal costs.
If you become aware of any use of B. Nicole Brand’s copyrighted material that violates or may violate the above licenses, please let us know by sending an email to hello@bnicolebrand.com.
SECTION 17: DISCLAIMER AND LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE AND PRODUCT IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. B. NICOLE BRAND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR ANY CONTENT, PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. WE SPECIFICALLY DISCLAIM ANY LIABILITY ASSOCIATED WITH THE USE OF THE PRODUCTS AND YOU AGREE THAT YOU WILL NOT SUE B. NICOLE BRAND FOR ANY CLAIM RELATED TO ANY PRODUCTS PURCHASED THROUGH THE SERVICES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS B. NICOLE BRAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS.
YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL IN ANY WAY RELATED TO THE SERVICES AND/OR OUR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN TERMS AND CONDITIONS.
www.bnicolebrand.com does not give any warranty or representation of any kind with respect to the sites accessible through this site. This website is independent of these websites, and www.bnicolebrand.com has no control or responsibility for the information provided or the activities taken by such sites. Link between www.bnicolebrand.com and other websites do not imply that www.bnicolebrand.com endorses these sites. You must make independent decisions about your interactions or communication with other websites.
You agree to indemnify, defend, and hold harmless us and our employees, officers, directors and agents from all kinds of liabilities, expenses and claims, including attorney's fees that arise from the misuse of the website by you or made by a third party.
SECTION 19: WAIVER AND SEVERABILITY
No waiver by B. Nicole Brand of any of terms and conditions set forth in these terms and conditions shall be a continuing waiver of any other term or conditions, and failure of B. Nicole Brand to assert its rights or provisions under these Terms and Conditions shall not constitute a waiver of such rights or provisions. If any of these clauses of are held by a court to be invalid, unenforceable or illegal for any such reason, such clauses shall be eliminated or limited to the minimum extent possible such that the remaining clauses of these Terms will continue in full effect and force.
SECTION 20: TERMINATION
These Terms and Conditions are effective unless terminated by you or us. By notifying us that you do not want to use our products or services or by ceasing the use of our site, you can terminate these Terms and Conditions.
If we suspect that you have failed to follow with these provisions of Terms and Conditions, we in on our own judgement may terminate this agreement anytime without any prior notice.
Any fraudulent, illegal or abusive activity may be grounds for the termination of your use of this website and maybe referred to proper law enforcement authorities. You agree that we shall not be liable to you or any other third party for the termination of your access to this site.
However, all the liabilities and obligations prior to the termination shall survive the termination of these Terms and Conditions.
SECTION 21: CONTACT US
If you have any problems or questions, please email us at hello@bnicolebrand.com.
