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Terms of Use
Benciro Fragrance
Terms & Conditions
Welcome to the website of bencirofragrance.com. This website is provided to you for your personal use, subject to these Terms and Conditions. Bencirofragrance.com reserves the right to change this site and these terms and conditions at any time.
Please read this agreement carefully before proceeding.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse engineer, disassemble, decompile, or otherwise exploit this site or any portion of it unless expressly permitted by bencirofragrance.com in writing.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties
Bencirofragrance.com may assign you a password and account identification to enable you to access and use certain portions of this site. Each time you use a password or identification, you will be deemed authorized to access and use the site in a manner consistent with the terms and conditions of this agreement.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you, whether or not such access to and use of this site is authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify bencirofragrance.com of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security. After registering, you will receive our newsletters about sales, coupons, and special promotions. After logging in, you can unsubscribe by using the link from any email newsletter or your personal subscribe setting after logging in.
You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
Users Submissions/Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site or provide to Bencirofragrance.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary.
Anything that you submit to the site or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property. It shall not be returned to you, and you agree not to raise any dispute in connection with any use of the entry by bencirofragrance.com in the future.
In addition to the rights applicable to any submission, when you post comments or reviews to the site, you also grant bencirofragrance.com the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, or other content by bencirofragrance.com will not infringe upon or violate the rights of any third party.
You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead bencirofragrance.com or third-parties as to the origin of any submissions or content. Bencirofragrance may, but shall not be obligated to remove or edit any submissions.
- Links
Bencirofragrance.com welcomes links to this site. You may establish a hypertext link to our website, provided that the link does not state or imply any sponsorship or endorsement of your site by bencirofragrance.com
Creating a link to this website is strictly forbidden without our prior written consent. You must not on your site in any manner use any trademarks, service marks, or any other materials appearing on bencirofragrance.com, including any logos or characters, without the express written consent of bencirofragrance.com.
Copyright
All text, graphics, photographs, and other content on the website of bencirofragrance.com belong exclusively to bencirofragrance.com.
You may not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any of the materials or content on the website without our written permission. except to the extent expressly set out in these Terms and Conditions, you are not allowed to (a) republish, redistribute or retransmit any of the content on the Website (b) remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or any servers on which it is hosted; or (c) create links to the Website from any other website, without the prior written consent of Bencirofragrance.com, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of our website, and the linked website does not contain any content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes the intellectual property rights or other rights of any third party.
Except as expressly set out here, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property rights owned by bencirofragrance.com, and you acknowledge that you do not acquire any ownership rights by downloading or using any content of the Website.
Intellectual property
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the site, information content on the site, and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software, shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorized use of the material and content of this website is strictly prohibited, and you agree not to or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of such material and content.
- Indemnify
You agree to indemnify and hold us, our affiliates, officers, directors, agents, and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.
- Applicable law
These Terms and Conditions of Use shall be interpreted and governed in accordance with the laws of the United States of America. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of the United States and to waive any objections based upon venue.
- Arbitration
Any disputes arising from or related to these Terms of Use or your use of the website, including matters related to intellectual property, shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
- Arbitration Location: The arbitration shall take place in [Insert City, State], United States, and the language of the arbitration shall be English.
- Exclusions: Notwithstanding the foregoing, Benciro Fragrance reserves the right to seek injunctive or equitable relief in courts of competent jurisdiction in the United States to protect its intellectual property rights.
By using this website, you agree to the above terms, including the arbitration of disputes under the laws of the United States.
Termination
In addition to any other legal or equitable remedies, bencirofragrance.com may, without prior notice to you, immediately terminate the agreement or revoke any or all of your rights granted under this agreement. Upon any termination of this agreement, you shall immediately cease all access to and use of the site, and bencirofragrance.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.
Disclaimer and Limitation of Liability
This website, all the materials and products (including but not limited to software), and services, included on or otherwise made available to you through this site are provided on bencirofragrance.com on an “as is” and “as available” basis
Bencirofragrance.com makes no presentations or warranties of any kind, express or implied except provided in writing.
This site may include inaccuracies, mistakes, or typographical errors. Bencirofragrance.com does not warrant that the content will be uninterrupted or error-free.
Bencirofragrance.com will not be liable for any damages of any kind arising from the use of this site.
bencirofragrance.com total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to bencirofragrance.com during the month immediately preceding the act allegedly giving rise to bencirofragrance.com liability.
Order acceptance/cancellation of order
Please note that there may be certain orders that we are unable to accept and must cancel. Bencirofragrance.com reserves the right to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information.
Bencirofragrance.com will ensure that any communication of cancellation of an order is intimated within the appropriate time to the concerned person and any applicable refund will be made in ra easonable time
- Payment
While we offer different payment options at bencirofragrance.com, bencirofragrance.com will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction.
2. Exceeding the preset limit mutually agreed upon by you and your bank.
3. Any payment issues arising out of the transaction.
Typographical Errors
While we strive to provide accurate product and pricing information, typographical errors may occur.
In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, bencirofragrance.com upholds the right to refuse or cancel any orders placed for that item. In the event that an item is mispriced, bencirofragrance.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- Risk of loss
All items purchased from Bencirofragrance.com are backed up by a shipment contract. This means that the risk of loss shall remain with bencirofragrance.com until the item is transferred to you. If the items are damaged after receipt, the risk falls on the validated recipient or Customer.