Terms of service
OVERVIEW
Welcome to Benevolux! The terms "we," "us," and "our" refer to Benevolux. Benevolux operates this store and website, including all related information, content, features, tools, products and services, to provide you, as a customer, with a curated shopping experience (the "Services"). Benevolux is powered by Shopify, which enables us to provide you with the Services.
The terms below, along with any policies referenced here (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing, browsing, or purchasing any of our products or services from our online stores, you may be asked to provide certain information, such as your email address, billing, payment, and delivery information. You represent and warrant that all information provided in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your account credentials and any activity conducted through your account. You may not transfer, sell, assign, or sublicense your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or appearance of products may differ from what appears on your screen due to the type of device used to access the store and your device's settings and configuration.
We do not guarantee that the appearance or quality of any product or service purchased by you will meet your expectations or be identical to that presented or displayed in our online stores.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any person, geographic area, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Benevolux reserves the right to accept or refuse your order for any reason, at its discretion. Your order is only accepted once Benevolux confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Benevolux may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept an order, make a change, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, and/or phone number provided at the time of the order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be included in the order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling, or customs or import fees.
Prices displayed in our online stores may differ from those offered in physical stores or other online stores or points of sale operated by third parties. We may, from time to time, offer promotions on the Services that may affect prices and are governed by terms separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and any other information, including your email address, card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use the card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once products are handed over to the carrier, ownership and risk of loss are transferred to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, trade names, text, displays, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are owned by Benevolux, its affiliates, or its licensors, and are protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms authorize you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting any license or rights to you under any patent, trademark, copyright, or other intellectual property right of Benevolux, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted are reserved by Benevolux.
The names, logos, product and service names, designs, and slogans of Benevolux are trademarks of Benevolux or its affiliates or licensors. You must not use these marks without the prior written permission of Benevolux. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or involvement.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or related to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third parties.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain content and links to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party content or websites you choose to access. If you decide to leave the Services to access such third-party content or sites, you do so at your own risk.
We are not responsible for any harm related to your access of third-party websites, or your purchase or use of products, services, resources, or content on those sites. Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately characterizes the relationship between Shopify and your store and should not be removed or altered.]
Benevolux is powered by Shopify, which enables us to provide you with the Services. However, any sales and purchases made in our store are made directly with Benevolux. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Benevolux, including any injury, damage, or loss resulting from products or services purchased. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with Benevolux.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify's privacy policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transferred to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services. See our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any medium and for any purpose, including commercial purposes. We may, for example, use this license to operate, provide, evaluate, improve, and promote the Services and perform our obligations and exercise our rights under these Terms.
You also represent and warrant that: (i) you own or have all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to (1) maintain your Feedback in confidence; (2) pay you any compensation; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or in violation of any party's intellectual property.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene content, or any computer viruses or malware that could affect the operation of the Services or any related site. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Feedback. You are solely responsible for any Feedback you post and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any local, international, federal, provincial, or state regulation, rule, law, or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, intimidate, or discriminate against any of our employees or any person; (e) to submit false or misleading information; (f) to upload, post, transmit, or otherwise make available any content that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Benevolux, Shopify, or users, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functioning of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related site. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Benevolux, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Benevolux, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Benevolux, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party and arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to provide timely notice will not relieve you of your obligations unless you suffer material prejudice. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of any remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations hereunder without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the federal and state (or territorial) courts of the jurisdiction where Benevolux's principal place of business is located. You and Benevolux consent to the venue and personal jurisdiction of such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes as required by applicable law; such changes will take effect on the date specified in the notice. Your continued use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: contact@Benevolux.com.
Our contact details are listed below:
Benevolux
contact@Benevolux.com
30 N GOULD ST STE 36673 SHERIDAN, WY 82801
33-4511257