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Terms & Conditions

TERMS AND CONDITIONS

OVERVIEW

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before accessing the website at "https://www.blackindigostore.com" (the “Service”), operated by “Black Indigo” (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you are agreeing to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, then you may not access the Service.

Our Service is hosted on BigCommerce. They provide us with the online e-commerce platform that allows us to sell our products to you.

 

GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

INTELLECTUAL PROPERTY

All contents shown on the Service and in particular designs, texts, images, videos, logos, icons, trade names, brands, or any other signs belong to and are subject to Intellectual Property rights held by Black Indigo, its partners, affiliates or by third parties, who have the exclusive right to use them in the course of trade.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

 

USE LICENSE

Permission is granted to temporarily download one copy of the materials (information or software) on Black Indigo's website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title. You agree not to reproduce, copy, distribute or make available or otherwise communicate publicly, transform or modify such contents, holding Black Indigo or any of its partners, affiliates or third parties harmless of any claim that may arise from the failure to fulfil such obligations. 

This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Black Indigo at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

ACCURACY AND COMPLETENESS OF INFORMATION

The materials appearing on Black Indigo's website could include technical, typographical, or photographic errors. We are not responsible if information made available on this site is not accurate, complete or current. We reserve the right to modify the contents of this site at any time without notice, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, 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 products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

MODIFICATIONS TO THE SERVICES OR PRODUCTS 

Prices for our products are subject to change without notice and we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

PAYMENTS AND REFUNDS

We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We cannot refund Gift Card orders.

We use third party payment processors (each, a “Payment Processor”) to process your order. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors. Our current Payment Processors are Stripe and Google Pay. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

For details on Refunds, please review our Returns Policy.

 

VOUCHER CARDS

Voucher cards are unique discount code issued by us, free of charge, that you might receive if you purchase from our online store. You can use them to get a discount for the value indicated on the card, during the period of time stated. These discount codes can only be used online. The Voucher cards are not redeemable for credit or cash.

We cannot reissue another Voucher card if you fully or partialy refund an order paid with a Voucher card.

We reserve the right to cancel a Voucher card at any time.

You can not use voucher cards with other discount codes or during our sales period. You can only use one voucher card per order.

Accessories brands are not covered by Voucher cards.

 

IMPORT DUTIES

Your items may be subject to import duties and taxes if you order from outside of the European Union and you will be fully responsible for the payment of such charges. We have no control over any import duties there might be and we aren’t able to give estimates. Please contact your local customs office for further information if you are concerned.

We are not liable for any breach by you of any applicable laws and regulations of the country of destination.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

CUSTOMER ACCOUNTS

We have allowed the creation of customer accounts for your comfort.

By creating a customer account, you are agreeing to be bound by these Terms and Conditions.

For information regarding how your information is used, please refer to our Privacy Policy.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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 relating to your use of optional third-party tools.

Any use by you 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 on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Black Indigo.

Black Indigo 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 Black Indigo 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 use of or reliance on any such content, goods or services available on or through any such web sites or services. 

Use of any such linked website is at the user's own risk.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, with or without request from us you send certain specific submissions as creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

PRIVACY POLICY 

Your submission of personal information through the store is governed by our Privacy Policy.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, 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 or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from 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 notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Black Indigo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Black Indigo and our parent subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

CHANGES TO TERMS AND CONDITIONS

We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of Portugal and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

In the event of a dispute, the parties now agree on the jurisdiction of the District of Porto, Portugal, to settle the same, with the express exclusion of any other.

 

CONTACT

Questions about the Terms and Conditions should be sent to us at info@blackindigostore.com.

 

This policy is effective as of 21 March 2020.

 

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