Terms of use


TERMS OF USE

PREAMBLE

www.bidouron.com is an e-commerce website for the online sale of maternity clothes and related accessories.

This website is operated by BIDOURON. On this website and in these general terms and conditions of sale and use, the terms "we," "our," and "us" refer to Bidouron, and the term "you" refers to the customer.

 Any person who places an order on the website www.bidouron.com acknowledges that they have read, understood, and unreservedly accepted these general terms and conditions of sale.

 All new features and tools that are added to this shop in the future will also be subject to these General Terms and Conditions of Sale and Use.

 By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor under your care to use this website.

You may not use our products for illegal or unauthorized purposes, and you may not, in using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

 You must not transmit any worms or viruses or any code of a destructive nature.

 Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your services.

 Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

 ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE

ORDER

 Validating your order implies the obligation to pay the indicated price. The amount(s) of the purchased product(s) will be debited at the time of the order. Orders are only processed and goods are dispatched upon receipt of payment.

 Bidouron will confirm this order by sending a confirmation email. Then, when your order is shipped, a shipping confirmation email will be sent to you. This email will summarize the purchased items, payment information, shipping information, order number, and your tracking number.

 Bidouron reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution, in case of non-payment or partial payment of any amount due by the Customer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the Bidouron website, including on previous orders.

 Also, in the event of an error in the email address entered or failure to receive the email confirmation of the order, Bidouron cannot be held responsible. In this case, the sale will be considered final, except in cases of cancellation of the order by Bidouron, in particular for product unavailability.

 PRODUCTS

 Your items are printed in Europe upon ordering to avoid overproduction.

 All product descriptions may be modified at any time, without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time.

 Bidouron is not responsible for the public information and statements of its suppliers of which it has no knowledge and that it could not legitimately know.

 PRODUCT SELLING PRICES

 The prices of the articles displayed on the Site are in Euros and include all taxes (VAT).

 The prices of the articles do not include shipping costs. The amount of the shipping costs is specified in your cart before validating your order.

 Bidouron reserves the right to modify the prices of its articles at any time, with the articles being invoiced based on the rates in effect at the time of validation of each order.

 The invoiced price of the articles is therefore the one indicated at the time of the order. The articles remain the exclusive property of Bidouron until payment in full of the price by the Customer, which the Customer acknowledges and accepts.

 DELIVERY

 All our shipments come with a tracking number. The tracking number is sent by email to the Customer when the carrier takes charge of the order.

 If the Customer enters an incorrect shipping address during the order and the order is returned to us, a reshipment is possible but the new shipping costs will be at the Customer's expense.

 Delivery times and fees are indicated on the Shipping Policy page to which you can refer.

 Processing time

 Upon receipt of payment, the order is printed and shipped from the European workshop within 3 to 4 business days. This delay allows for production, verification, quality control, and packaging of your order.

 The delivery time, starting from the shipment, is about 3 to 4 business days.

Note that we cannot be held responsible for a delivery delay that is not respected by the carrier and that there are certain delays that we are unable to predict. These may be related to customs clearance, a natural disaster, a strike, or others.

 Our shipping rates are calculated as accurately as possible, based on the value of the goods ordered and come with a tracking number. The rates are indicated at the time of validating your order.

 More information on delivery is available on our Shipping Policy page.

 PAYMENTS

 All orders are payable in Euros.

 The price invoiced to the Customer is the price indicated on the order confirmation sent to the Customer by email. The order is payable immediately by credit card (CB, Visa, MasterCard, American Express), PayPal account, or Apple Pay. Transactions made on the site are entrusted to a secure online payment platform. They are secured by a solution that presents highly secure pages for entering payment data: card number, expiration date, and visual cryptogram. This platform encrypts and then transmits this payment data to the bank in complete confidentiality and makes them inaccessible to a third party.

 The Customer guarantees to Bidouron that they are fully authorized to use the payment card for payment, or their PayPal account for their order, and that these means of payment legally give access to sufficient funds to cover all costs resulting from their order on the website www.bidouron.com

 Bidouron cannot be held responsible for any fraudulent use of the payment method used.

 Bidouron reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in case of non-payment of any amount due by the Customer or in case of payment incident.

 Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to unpaid amounts ten days after the supposed payment date or upon notification of the rejection of bank payment for any other means of payment.

 The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof.

 It is the responsibility of the Customer to save and print their payment certificate if they wish to keep the banking details related to their transaction.

 ARTICLE 2 - TERMS AND CONDITIONS

 We reserve the right to refuse service to anyone 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 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 included for convenience only and will not limit or affect these Terms.

  ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 We are not responsible if the information made available on this site is not accurate, complete or current. The content 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 timely sources of information. Any reliance on the material on this site is at your own risk.

 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for reference purposes only. We reserve the right to modify the contents 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.

 ARTICLE 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 The prices of our products are subject to change without notice.

 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

 We shall not be liable to you or to 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 have limited quantities and are subject to return or exchange only according to our Return Policy.

 We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

 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 that we offer. All descriptions of products or product pricing 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 offer for any product or service made on this site is void where prohibited.

 We do not warrant 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, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include 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 make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 You agree to provide current, complete and accurate purchase and account information for all purchases made at 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 details, please refer to our Return Policy.

 ARTICLE 7 - OPTIONAL TOOLS

 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 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 shall have no liability whatsoever arising from or related to your use of optional third-party tools.

 Any use by you of optional tools offered through the site is entirely at your own risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 ARTICLE 8 - THIRD-PARTY LINKS

 Certain content, products, and services available through 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 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.

 ARTICLE 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay 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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 ARTICLE 10 - PERSONAL INFORMATION

 Your submission of personal information through the store is governed by our Privacy Policy. To learn more, please refer to our Privacy Policy.

 ARTICLE 11 - ERRORS, INACCURACIES, AND OMISSIONS

 At times there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery 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, modify, 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 taken to indicate 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 as 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 acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit 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 will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or of any related website, 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.

 ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 We do not guarantee, represent, or warrant 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.

 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 the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 In no case shall Bidouron, 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, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service 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 via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 ARTICLE 14 – INDEMNIFICATION

 You agree to indemnify, defend and hold harmless Bidouron and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made 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.

 ARTICLE 15 – SEVERABILITY

 In the event that any provision of these Terms of Use is deemed unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms of Use. Such determination will not affect the validity and enforceability of any other remaining provisions.

 ARTICLE 16 – TERMINATION

 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 These Terms of Use are effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by informing us that you no longer wish to use our Services, or when you cease using our site.

 If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to (and including) the date of termination; and/or accordingly 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 constitutes 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, any prior versions of the Terms of Use).

 Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 ARTICLE 18 - GOVERNING LAW

 These Terms of Use and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of Australia.

 ARTICLE 19 - MODIFICATIONS OF 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, 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 check our website periodically for changes. Your continued use or access to our website or service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 ARTICLE 20 - CONTACT INFORMATION

 LEGAL NOTICE

 The website www.bidouron.com is published and distributed by BIDOURON PTY LTD (Australian Company Number 659 750 384).

 Questions about the Terms of Use should be sent to us at info@bidouron.com

 Publication and creator of the site: BIDOURON PTY LTD.

 Contact: info@bidouron.com

 Hosting provider for the site: Shopify Inc, 150 Elgin Street, Suite 800 K2P 1L4 Ottawa (Ontario), Canada.