General terms and conditions of sale and use
GENERAL TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by BrushIT. On this site, the terms "we", "our" and "us" refer to BrushIT. BrushIT offers this website, including all information, all tools and all services available to you, the user, subject to your acceptance of all the terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("General Terms and Conditions of Sale", "General Terms and Conditions of Sale and Use", "Terms"), including the additional terms, conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms and Conditions of Sale and Use. If you do not accept all the terms and all the Conditions of this agreement, then you must not access the website or use the services offered there. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
All new features and all new tools that will be added later to this store will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by publishing updates and/or modifications on our website. It is your responsibility to consult this page regularly to check whether changes have been made. Your continued use of the website or your access to it after the publication of any modification constitutes acceptance by you of those modifications.
Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
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 person under your responsibility to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must also not, in the context of using the Service, violate the laws of your jurisdiction (including but not limited to laws relating to copyright).
You must not transmit worms, viruses or any other 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.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the services to any person at any time, for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for the connection of networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our prior express written authorization.
The headings used in this agreement are included for your convenience, and will neither limit nor affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not constitute your sole source of information for making decisions, without first consulting more accurate, more complete and updated sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such prior information, by nature, is not up to date and is provided for informational purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes made to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may be modified without notice.
We reserve the right at any time to modify or discontinue the Service (as well as any part or any content of the Service) without notice and at any time.
We will not be liable to you or any other third party for any price modification, suspension or interruption of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have made every effort to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that the display of colors by your computer screen will be accurate.
We reserve the right, without however being obliged to do so, to limit sales of our products or services to any person, and in any 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 product or service that we offer. All product descriptions and all product prices 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. Any service or product offer presented on this site is void where prohibited by law.
We do not guarantee that the quality of all products, services, information, or any other merchandise that you have obtained or purchased will meet your expectations, nor that any error 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, at our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we modify an order or if we cancel it, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole judgment, may appear to come from merchants, resellers or distributors.
You agree to provide up-to-date, complete and accurate order and account information for all orders placed on our store. You undertake to promptly update your account and your other information, including your email address, your credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please consult our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we exercise neither monitoring, nor control, nor influence.
You acknowledge and accept the fact that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and at your own discretion, and you should consult the conditions under which these tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or new features on our site (including new tools and new resources). These new features and these new services will also be subject to these General Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services available through our Service may include elements from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to examine or evaluate the content or accuracy of these sites, and we do not guarantee and assume no responsibility for any content, website, product, service or other element accessible on or from these third-party sites.
We are not responsible for any prejudice or damages related to the purchase or use of goods, services, resources, content, or any other transaction carried out in connection with these third-party websites. Please carefully read the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding the products of these third parties must be submitted to these same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER USER SUBMISSIONS
If, at our request, you submit specific content (for example, to participate in contests), or if without a request from us, you send creative ideas, suggestions, proposals, plans or other elements, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comment that you send us. We are not and shall not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.
We may, but have no obligation to, monitor, modify or delete content that we consider, at our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale and Use.
You undertake to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive or obscene content, and that they will also not contain any computer virus or other malicious software that could in any way affect the operation of the Service or any other associated website. You may not use a false email address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you publish as well as their accuracy. We assume no responsibility and disclaim any commitment regarding any comment you publish or that any other third party publishes.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy. Click here to consult our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may sometimes be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping fees, delivery times and availability. We reserve the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders, if any information in the Service or on any other associated website is inaccurate, at any time and without prior notice (including after you have placed your order).
We are not required to update, modify or clarify information in the Service or on any other associated website, including but not limited to price information, unless required by law. No defined update or refresh date in the Service or on any other associated website should be taken into account to conclude that the information in the Service or on any other associated website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to encourage third parties to carry out or take part in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, mistreat, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone based on sex, sexual orientation, religion, ethnic origin, 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 be or could be used in a way that compromises the functionality or operation of the Service or any other associated, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to undermine or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or claim in any case that your use of our Service will be uninterrupted, fast, secure or error-free.
We do not guarantee that the results that may be obtained through 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 notifying you in advance.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service as well as all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or commercial quality, fitness for a particular purpose, durability, title and non-infringement.
BrushIT, our directors, officers, employees, affiliated companies, agents, contractors, interns, suppliers, service providers and licensors may under no circumstances be held liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or any similar damages, whether contractual, tortious (even in case of negligence), strict liability or otherwise, resulting from your use of any service or product from this Service, or with respect to any other claim related in any way to your use of the Service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility that they may occur. Because some States or certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and protect BrushIT, our parent company, our subsidiaries, affiliated companies, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any claim or demand, including reasonable attorney’s fees, made by any third party because of or arising from your violation of these General Terms and Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these General Terms and Conditions of Sale and Use is deemed illegal, null or unenforceable, that provision may nevertheless be applied to the fullest extent permitted by law, and the unenforceable part shall be considered severed from these General Terms and Conditions of Sale and Use, this severance shall not affect the validity and enforceability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and responsibilities incurred by the parties before the termination date shall remain in effect after the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until they are terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we judge, at our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notifying you in advance and you will remain responsible for all amounts due up to the termination date (including it), and/or we may deny you access to our Services (or any part of them).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or any provision of these General Terms and Conditions of Sale and Use should not constitute a waiver of that right or provision.
These General Terms and Conditions of Sale and Use or any other operating policy or rule that we publish on this site or relating to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and replace all communications, proposals and all agreements, prior and contemporaneous, oral or written, between you and us (including, but not limited to, any prior version of the General Terms and Conditions of Sale and Use).
Any ambiguity regarding the interpretation of these General Terms and Conditions of Sale and Use must not be interpreted against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, will be governed by and interpreted under the laws in force at Brussels, Belgium.
ARTICLE 19 – MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms and Conditions of Sale and Use by publishing updates and changes on our site. It is your responsibility to visit our site regularly to check whether changes have been made. Your continued use of or access to our site after the publication of any modification made to these General Terms and Conditions of Sale and Use constitutes acceptance of these modifications.
ARTICLE 20 – CONTACT DETAILS
Questions concerning the General Terms and Conditions of Sale and Use should be sent to us at info.brushit@gmail.com.