TERMS AND CONDITIONS
Last updated: October 19, 2024
Please read these terms and conditions carefully before using Our Service.
1. Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Scurtu Bianca Maria PFA, Intrarea Mesteacanului 6-16, Ilfov, 075100, Romania.
Third Parties are companies with whom We have agreements, such as hosting, printing, courier, etc.
You, "Your", means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Website refers to Biaconceptstore, accessible from www.biaconceptstore.com
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-Party Social Media Service means any services or content (including data, information, services, products) provided by a third party that may be displayed, included or made available by the Service.
2. Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with all Our Terms, Conditions and Policies.
These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
3. Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.
By submitting such information, You grant Us and the right to provide the information to payment processing Third-Parties for purposes of facilitating the completion of Your Order.
Order cancellation
We may choose not to accept any Orders at Our sole discretion.
Before placing an Order, You must ensure that You can receive the Goods.
Please note that We don't ship to PO boxes.
If the Goods are unavailable after You have placed an Order, You will be informed via email as soon as possible. Biaconceptstore shall not be held liable in the event of stock shortages or Goods unavailability. You need to wait for the original Goods to be restocked.
Your Order cancellation rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Return Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read Our Returns Policy to learn more about Your right to cancel Your Order.
Before finalizing Your Order, it's important to carefully review all design elements, dimensions, graphics, colors, and any other provided information to ensure accuracy. Once You place an order, you might not be able to make changes or cancel it.
If You haven’t received Your Order or notice an issue with the Goods, reach out to Us within 10 days at biaconcept@yahoo.com and We’ll help You get it solved.
Items must be returned to Biaconceptstore via a Third Party carrier after contacting Us and getting approval to do so.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
You will not have any right to cancel an Order for the supply of any of the following Goods:
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The supply of Goods made to Your specifications or clearly personalized.
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The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
Availability, errors and inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Responsibility for Goods usage
To ensure a satisfactory experience with Our wallpaper products, We kindly requests to carefully read and follow the provided instructions for proper usage and installation of Our wallpaper products. You must follow these instructions, as any damage incurred due to failure to follow installation instructions cannot be attributed to Our responsibility.
Furthermore, We emphasize the importance of thoroughly inspecting the entire wall mural and/or wallpaper design before initiating the wall mural and/or wallpaper installation process. It is Your responsibility to verify the correct panel placement prior to installation. We don't not offer free additional panels if You commence installation using an incorrect panel.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
4. Links to other websites
Our Service may contain links to Third-Party Social Media Service, that are not owned or controlled by the Company.
Biaconceptstore.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
5. Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
6. Limitation of liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the fullest extent permitted by law in each applicable jurisdiction, We and/or Our Third-Parties shall not be liable to You for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to Your use of Biaconceptstore's Goods and Services; (3) any unauthorized access to or use of Our Website and/or any personal information and/or other information stored therein; (4) events beyond the reasonable control of the Service, including any internet failures, equipment failures, electrical power failures, strikes, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (5) loss of use, bussiness, data, profits, oportunity, or other intangible losses, resulting from the use or the inability to use any or all of Our Goods and Services, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
You agree to defend, indemnify, and hold Us and/or the Third Parties harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorneys’ fees) arising from: (1) Your violation of any term of these Terms and Conditions or any other Biaconceptstore Terms; (2) Your violation of any law or the rights of a Third Party, including property, or privacy right;
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
7. "AS IS" and "AS AVAILABLE" disclaimer. Limited warranty on Goods.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Third Parties and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's Third-Parties makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
This Limited Warranty does not cover any damage to or defect in provided Goods caused by any of the following: (a) You or third parties; (b) any improper handling (including during shipping), use or storage of the Goods; (c) any failure to follow Goods instructions; (d) any modifications to the Goods; (e) any unauthorized repair to the Goods; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond Our reasonable control; or (g) any costs or expenses related to the loss of use of the Goods or any other costs or expenses not covered by this Limited Warranty.
Warranty service. Promptly following delivery of Goods, You will inspect the Goods. If The Goods are materially defective (including any error in printing) or damaged upon receipt, or if You received the wrong Goods then in order to be eligible for service under this Limited Warranty, You must submit a claim within the Warranty Period in compliance with Our Return Policy.
Your remedies. With respect to any materially defective or damaged Goods, We will, in Our sole discretion, either: (a) replace such Goods (or the defective or damaged part of the Goods) free of charge, or (b) refund the purchase price paid to Us by You along with the shipping fees corresponding to the defective or damaged products.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
8. Copyrights & Intellectual Property
Intellectual Property is owned by the Company.
The name “Biaconceptstore”, Our iconography, phrases, logos, and designs that We use in connection with the Goods or Services We provide are or are in the process of being trademarks, Service marks, or trade dress of The Company in the US, European Union, and all other countries, that are used for proprietary purposes at Our sole discretion.
Except as expressly provided in this Agreement, The Company does not grant You any rights to use its trademarks, Service marks, or trade dress. You may state in connection with the Services or Goods provided by Us that Biaconceptstore provided such Services or Goods.
You agree not to purchase search engine or other pay-per-click keywords or domain names that use Biaconceptstore or Biaconceptstore Marks and/or variations and misspellings thereof.
You agree not to copy, modify, create derivative works of, adapt, emulate Our materials, reproduce, sell, trade, resell, license, or exploit for any commercial purposes any content offered by Biaconceptsore Website.
9. Privacy and impersonation
Privacy is a fundamental human right recognized by international law and protected by many regulations worldwide.
You are not allowed to transmit, display, upload, or make available any content that impersonates any person or entity or provides false information about the Company and/or the Service. This includes any direct or indirect manipulation to disguise their identity or the origin of any message or transmittal sent to Biaconceptstore.com and any end users or customers.
10. Feedback and Suggestions
We welcome any form of feedback or suggestions.
Any unsolicited ideas or other materials You submit to Biaconceptstore are considered non-confidential.
If You provide Us with any suggestions, comments, or other feedback relating to the Service and its Third-Parties, please make sure that it is accurate and legal.
Such Feedback shall be exclusively owned by Us. You grant Us a non-exclusive, worldwide, royalty-free, non-revocable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You at any time.
11. Don’t use Our Services to break the law.
You agree that You will not violate any laws in connection with Your use of the Services. This includes any local, state, federal, and international laws that may apply to You, Us or a Third Party.
You agree not to harm Our systems, to interfere with or disrupt the Website services, the security systems of the Website or the Website content.
You undertake not to: act in a manner that might be perceived as damaging to Company's reputation and goodwill or which may bring Us and Our Third-Parties into disrepute or harm; use any of the Biaconceptstore Services and/or Goods in connection with any form of spam, fraud, scam, or similar conduct, or otherwise engage in unethical marketing or advertising.
12. Report
If You believe a customer or any third party acted inappropriately or otherwise misused any of Our Goods and Service, please immediately report to Us
Please provide the following information in writing:
- contact details,
- a description of the copyrighted work and/or of the material that You claim has been infringed or to be the subject of infringing activity,
- information sufficient to permit Us to locate the material (including URL address),
- a statement that the information in the notification is accurate.
You agree that Your report shall not impose any responsibility or liability upon Us and that We may consider such report and act upon it, refrain from taking any such action, or require additional information or documents before doing so, at Our sole discretion.
13. Governing law
The laws of Romania, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
14. Disputes resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
This agreement requires that all disputes arising from or relating to this agreement be resolved by arbitration on an individual basis, rather than by jury or class actions.
15. For European Union (EU) users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
16. United States legal compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
17. Severability and waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
18. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.
19. Changes to These Terms and Conditions
We reserve the right to modify, suspend, or terminate the Services, Goods, fees, charges, and Terms at any time. However, this will not affect Orders that We have already confirmed.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
20. Communication Methods
The Company will provide You with certain legal information in writing. By using Our Services, You’re agreeing to Our communication methods, meaning that We reserve the right to send You information by email, telephone, text messages, instead of mailing you paper copies.
21. Contact Us
If you have any questions about these Terms and Conditions, You can contact Us by email at:
biaconcept@yahoo.com