Terms & Conditions
Welcome to the BOGOSSE website (the "Site") owned and operated by Tardieu Group, Inc.. Except as otherwise noted herein, the Site is governed by these terms and conditions ("the Terms"). Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. BOGOSSE reserves the right to make changes to the Site and to these Terms at any time. No material from the Site may be copied, republished, distributed, uploaded, posted or transmitted in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, is BOGOSSE property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We have the right to change these rules and/or limitations at any time, in our sole discretion.
These Terms govern all contracts, supplies and other services agreed between the customer and BOGOSSE.
Unless BOGOSSE has indicated otherwise in writing to the customer, the customer’s own general terms and conditions shall not be accepted.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use. Such use shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site.
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. BOGOSSE makes no representation that content or materials in the Site are appropriate or available for use in jurisdictions outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. BOGOSSE is not responsible for any violation of law.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States Government's lists of prohibited and restricted parties.
Entering Into a Contract
A contract is created only when payment has been successfully made. BOGOSSE shall confirm the customer’s order by e-mail. BOGOSSE is entitled to refuse, or impose special conditions upon, a supply, subject to giving reasons. If BOGOSSE is unable to clearly establish the customer’s permanent or temporary address, an order cannot be accepted.
Order processes that for whatever reason have been technically or otherwise disrupted before the payment instructions have been completed are incomplete, even if the customer has received an order confirmation. Such an order will in principle therefore not be delivered. BOGOSSE shall endeavor, however, to contact the customer to complete the payment instructions so that delivery can be made.
Prices and Costs
The contract price is the current price at the moment when an order is placed with the web store.
The prices quoted in the web store are exclusive of postage and administration costs.
BOGOSSE is not bound by the terms of its offer in the event that there is any printing, typesetting, or programming fault on its website.
BOGOSSE shall act with the greatest possible care in processing orders for articles.
Articles shall be delivered to the address given by the customer to BOGOSSE, provided, that such address must be in the United States.
BOGOSSE shall dispatch accepted orders as quickly as possible in the order in which they are received.
The delivery term indicated on the web store is approximate only and there is no right to compensation if actual delivery takes longer.
We reserve the right to place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise.
The customer is responsible for all applicable sales taxes.
Right to Return Articles
The customer is entitled to return any article to BOGOSSE within twenty-one (21) days of its delivery, without need to give any reason. This right also extends to articles that have been reduced in price. This has the effect of cancelling the purchase of that article and the customer will be refunded the amount already paid to BOGOSSE for the said article. Please note that we will not refund the shipping cost for the returned articles.
No refund will be made in respect of articles returned to BOGOSSE after the said twenty-one day period.
Articles must be returned in accordance with the instructions set out on the packing slip enclosed with the articles.
Articles being returned must be in the condition generally accepted for normal use for approval of the articles, such as trying on articles in conventional shops. If a customer wishes to exercise such right to return an article, the article must be returned to BOGOSSE together with everything originally sent with it, in its original state and packaging, in accordance with the clear and reasonable instructions given by BOGOSSE.
BOGOSSE is entitled to refuse to accept a returned article or to send it back to the customer if the article appears to have been used, no longer carries the original labels, and/or reveals damage and/or modifications caused by the customer, or if the customer does not comply with the instructions for returning the article given by BOGOSSE.
Error in Delivery
If BOGOSSE delivers an article different from the one ordered, or if the article is damaged or defective, the customer must notify BOGOSSE of this as soon as possible, in the way specified on the packing slip enclosed with the article. BOGOSSE shall reimburse the purchase price plus postage charge.
If a customer wishes to exchange or return an article, it must follow the instructions specified on the packing slip enclosed with the article.
Other queries, comments or complaints relating to an order, payment or delivery should be sent in writing to the following e-mail address: firstname.lastname@example.org.
The e-mail message must contain the customer’s name, e-mail address corresponding with that in BOGOSSE’s records, the order number included in the order confirmation, and the article number.
An order will not be accepted by BOGOSSE from anyone under the age of 18.
The customer may pay either by debit or credit card. At the present time, BOGOSSE gift vouchers cannot be used towards payment.
All payments must be made in accordance with the instructions given on the pages of the web store.
As between you and BOGOSSE, (or any other company whose marks appear on the Site), BOGOSSE is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the licensee or copyright owner of the materials and content on the Site. The BOGOSSE logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by BOGOSSE and may be registered in the United States and internationally. You may view, copy or print pages from the Site solely for personal, non-commercial purposes.
Disclaimers and Limitation of Liability
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." BOGOSSE DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOGOSSE DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE. BOGOSSE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SITE, YOU HAVE THE RIGHT TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL BOGOSSE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF BOGOSSE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with BOGOSSE shall be submitted to confidential arbitration in Miami, Florida. However, if you have in any manner violated or threatened to violate any intellectual property right of BOGOSSE, we may seek injunctive or other appropriate relief in any state of the nation or federal court in the state of Florida. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
United States of America Law
All contracts to which these general terms and conditions are subject, shall be interpreted according to the laws of the United States of America, without regard to the conflict of law principles thereof.