SHOPBIZI.COM TERMS OF SERVICE
Thank you for visiting Bizi’s website and, if applicable, choosing to purchase a product or products from our online store. Please read this document carefully, as these Terms of Service are an integral part of using our service, and you must completely agree to them in order to use our website and service.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Bizi” refers to our company, known as “ibaires LLC,” our Site (http://shopbizi.com”, or our Service (“Bizi,” as used to describe our online store), depending on the context of the phrase;
“Service” refers to the services that we provide through our Site, including our online store;
“Site” refers to our website, www.shopbizi.com;
“User” refers to you, anyone who purchases products from us, and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with ibaires LLC.
3. Our Business
Bizi is a women’s fashion e-commerce website and blog, focused on selling directly to end users of our products, as well as wholesale to retail accounts.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Bizi, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must not have previously created any other account with Bizi, unless you receive prior permission from Bizi to create an additional account.
- You must be the minimum age of contractual capacity in the area in which you reside, and, in any event, must not be less than 18 years age.
- You must, if signing up on behalf of an organization (such as for wholesale purposes), be authorized by that organization to create that organization’s Bizi account.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
The following rules apply to anyone who uses our Service, whether or not they purchase our products. You must not:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Bizi or its delegates.
- Place orders which you have no expectation of actually going through with.
- Be fraudulent or negligent in your representations to us or any other party.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Bizi Site, Service, or its Users’ computers.
- Do anything else which, at the sole discretion of Bizi, may bring our business into disrepute or harm our business.
6. Ordering & Shipping Details
We currently offer free ground shipping within the United States to Bizi email subscribers however we may make exceptions to this policy for items on sale or which are discounted for some other reason.
Payment for an order may be made by American Express, Visa, MasterCard and, should we decide to implement it, PayPal. Unless otherwise stated, all prices on our Site are listed in United States dollars. By placing order you are accepting Bizi’s terms and conditions.
Upon placing an order, you will receive a confirmation order e-mail which contains details about your order such as the cost and estimated delivery date. The estimated delivery date may vary from the actual delivery date, particularly for international orders where customs delays may occur. No order will be accepted until a confirmation e-mail from you is received.
Please note that all taxes, duties, customs fees, and other government or third party levies (including brokerage fees), shall be borne by the customer. Bizi cannot estimate these fees and they are the responsibility of the customer.
If there is extensive damage to the package that a postal or courier worker attempts to deliver to you, please refuse to accept the package and contact us immediately. By refusing, you enable us to have a stronger case to obtain a refund from the shipper for any damages. Minor damage to a package is, however, normal, though when accepting such packages (or any package), you should inspect the contents immediately to ensure that no damage has occurred.
All orders are subject to cancellation for any reason. Without limiting the generality of the foregoing, orders may be declined or cancelled if there are any errors on our website regarding pricing, color, availability of a product, or other relevant matters. If we cannot or will not fulfill an order, we will refund your money, unless our refusal to fulfill an order is due to your breach of this Agreement.
Colors as perceived on our website vary based on your monitor and other factors, and may therefore be slightly different from the actual product used to fulfill your order.
Orders in Virginia are subject to Virginia’s State Sales Tax. You may also be obligated by your local laws, regardless of jurisdiction, to report your purchase and pay a sale or use tax. It is your duty to determine whether such laws apply to you.
If you purchase multiple items from us, some of which are not in stock, we will partially fulfill your order by shipping what is in stock and fulfilling the rest of the order later. If we cannot fulfill the rest of the order later, we will refund that portion of the order.
After items have shipped our standard return policy is in effect (more below).
We will provide a full refund if goods are returned to us unworn and undamaged within ten business days in the original box, which must be kept clean, include your receipt, and the clean and unused duster bag; we will refund the charge on the credit card used to purchase your item minus the cost of return shipping, which you must pay. The original shipping charges will be deducted from the final amount refunded. We recommend that you purchase optional insurance and tracking, as any item not received will not be refunded. We are not able to refund any additional bank fees assessed to your account by your credit card company related to your purchase.
Before returning any goods, please contact us via e-mail for a Return Merchandize authorization explaining the reason for the return. We must have this in order to provide you with a refund.
If your goods do not arrive after returning them, you will remain responsible for the price of the merchandise. Again, we stress the important of using insurance and tracking when returning products to us.
If you receive an item and find that within the first 6 months, the bag is faulty (e.g., a strap breaks, or hardware malfunctions) please contact us at email@example.com. Any defects will be reviewed on a case-by-case basis to attempt to provide a satisfactory solution. Bizi will cover the cost of return shipping and re-shipping of your item in the event that the defect was not a result of any actions by the purchaser. Beyond the sixth month window, you may call us for advice on how best to have the bag repaired.
Please allow five business days to process refunds (although we will attempt to process refunds as soon as practicable). After processing a refund, it may take up to thirty days for the reversed transaction to appear on your credit card account.
You must ensure that any items being shipped back to us are sufficiently packed to avoid damage in transit. If items arrive damaged, we will not accept the return and will reship the item only at the customer’s expense.
Final sale items cannot be canceled once processed and are not returnable.
Bizi may, but are not obligated to, provide discounts on our products. Bizi may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
9. Chargebacks, Credit Card Cancellations, and PayPal Disputes
Where a User provides payment to Bizi through PayPal, and that amount of money is subsequently taken from us due to a chargeback, credit card cancellation, PayPal dispute, or other action that is the fault of the User, Bizi is entitled to recover that amount from the User. Any disputes with Bizi may be resolved according to the section of this Agreement which determines the “Forum of Dispute.”
10. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including product descriptions or reviews submitted by third parties to Bizi, without receiving our prior written permission.
11. Your Copyright
Bizi must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Bizi” and “Shop Bizi” are trademarks used by us, ibaires LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own women’s fashion business.
13. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
14. Copyright & Trademark Infringement
Users must not post any Contracts, User profiles, or other information that infringes on anyone’s copyright, but it may happen. We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to our Copyright Agent at Hola@shopbizi.com.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
15. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our website. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at Hola@shopbizi.com if any of our Users have posted anything that you believe is defamatory.
16. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
WE ARE NOT LIABLE FOR ANY FAILURE BY A POSTAL AGENCY OR COURIER COMPANY TO DELIVER YOUR GOODS INTACT OR AT ALL. YOU MUST REPORT ANY FAILURE OF A PRODUCT TO ARRIVE TO THE APPROPRIATE SHIPPING AGENCY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
18. Choice of Law
This Agreement shall be governed by the laws in force in the State of Virginia. The offer and acceptance of this contract are deemed to have occurred in the State of Virginia.
19. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement, or any Contract between Users, will be heard solely by a court of competent jurisdiction in the State of Virginia. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court having jurisdiction to hear civil matters in the State of Virginia (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Bizi shall have the sole right to elect which provision remains in force.
Bizi reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. We may also cancel any order you place with us for any reason. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to the actions of other Users, banks, credit card companies, shipping companies, or any other third party.
24. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page. You must read this page each time you access our Site, and agree to any changes. If you do not agree to the changes, you must cease using our Site and Service immediately.
26. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Bizi must be sent via e-mail to: Hola@ShopBizi.com
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: January 11, 2013
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
“Bizi” refers to our company, known as “ibaires LLC,” our Site (www.shopbizi.com), or our Service (“Bizi,” as used to describe our online store), depending on the context of the phrase;
“Service” refers to the services that we provide through our Site, including our online store;
“Site” refers to our website, www.shopbizi.com;
“User” refers to you, anyone who purchases products from us, and general visitors to our Site;
3. Information Collected
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
4. Use of Your Information
We may use your information to:
- Enhance or improve User experience, our Site, or our Service.
- Process transactions between you and Bizi.
- Transfer information with your consent
- Send e-mails about our Site or respond to inquiries.
- Send e-mails and updates about Bizi, including newsletters.
- Send third party offers.
- Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.
5. Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
7. Third Third Party Websites
Bizi may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
8. Third Party Access to Your Information
Although you are entering into an Agreement with Bizi to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.
For greater certainty, and without limiting the generality of the foregoing, you authorize us to use the third party service, SendPepper.com, to have your e-mail contact information.
9. Release of Your Information for Legal Purposes
At times it may become necessary for legal purposes to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
10. Commercial and Non-Commercial Communications
11. Security Measures
We take certain measures to enhance the security of our Site and Service, including using PCI DSS-compliant hosting. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
12. Your California Privacy Rights
Individuals under 18 years of age are not allowed to use our Service. If you become aware of a User who is under the required age to use all or any portion of our Service, please notify us immediately at firstname.lastname@example.org, and provide us with full details as to why you believe they are below that age and we will address the issue. If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site and/or Service.
14. International Transfer
Last Modified: January 11, 2013