INTRODUCTION

This website is operated by Bekombo. Throughout the site, the terms “we”, “us” and “our” refer to Bekombo. Bekombo offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you are engaging in our “Service” and agree to be bound by the following Terms and Conditions of Use (“Terms of Service”, “Terms”), including any additional Terms and Conditions of Use and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, service providers, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the Terms of Service in this agreement, you may not access the website or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Each tool or feature added to the current store is also subject to the Terms of Service. You can view the most recent version of the Terms of Service on this page at any time. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on 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 your acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - SHOPIFY TERMS OF SERVICE

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence, and that you have given us your consent to allow any minor dependent of yours to use this site.

You may not use our products for any illegal or unauthorized purpose, and you may not, in the course of using the service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You may not, under any circumstances, transmit any worms, viruses or code of a destructive nature.

Failure to comply with or breach of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

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

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over different networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

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

The headings used in this Agreement are for convenience only and are not intended to limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for the accuracy, completeness or timeliness of the information provided on this site. The content of this site is provided for general information purposes only and should not be used as the sole basis for any decision without consulting primary, more accurate, complete or timely sources of information. Any use of the content on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 - SERVICE AND PRICE CHANGES

Prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

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

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online, on the website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our refund policy: [LINK TO REFUND POLICY].

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the colors displayed on your computer screen will be accurate.

We reserve the right, but are not obliged, to restrict 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 product or Service we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited.

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

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event of an order change or cancellation, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of ordering. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be placed by traders, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may process your transactions and contact you if necessary.

For more details, please consult our refund policy: [LINK TO REFUND POLICY].

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not control and over which we have no control.

You acknowledge and agree that we provide access to these tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible for your use of any third-party optional tools.

Any use by you of optional tools offered by the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party supplier(s).

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

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available through our Service may include materials from third parties.

Third-party links on this Site may direct you to third-party web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and shall have no liability for any third-party materials or web sites, or any other third-party materials, products or Services.

We are not responsible for any harm or damage related to the purchase or use of goods, Services, resources, content or any other transactions conducted in connection with third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the relevant third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g., contest entries) or, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, “Feedback”), you agree that we may, at any time and without restriction, modify, copy, publish, distribute, translate and use in any way, in any media, the Feedback you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay any 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 is 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 do not violate any right of any third party, including copyright, trademark, privacy, publicity or any other personal or proprietary right. You also agree that your Comments do not contain any defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malicious software that may in any way affect the operation of the Service or any related web site. You may not use a false e-mail address, impersonate any person or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you write and their accuracy. We assume no responsibility for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

The submission of personal information through the Shop is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, 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 on the Service or any related website is inaccurate, at any time and without notice (including after you submit your order).

We are under no obligation to update, modify or clarify any information contained in the Service or on any related website, including but not limited to pricing information, except as required by law. No update or refresh date specified in the Service or on any related website shall be deemed to indicate that any information contained in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, hurt, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to import or transmit viruses or any other type of malicious code that will or may be used in a manner that affects the functionality or operation of the Service or any related web site, other web sites or the Internet; (h) to collect or track the personal information of others; (i) for purposes of spamming, phishing, pharming, pretexting, spidering, crawling or scrapping; (j) for obscene or immoral purposes; or (k) for purposes of interfering with or circumventing 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 web site if you violate any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

We do not warrant that use of our 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 we may withdraw the Service for indefinite periods or cancel it 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 provided to you through the Service are (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including without limitation all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Bekombo, our directors, officers, employees, affiliates, agents, subcontractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or damage, direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any product obtained through 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 the content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) displayed, transmitted or made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the fullest extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bekombo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, subcontractors, licensors, service providers, 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.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service shall be deemed 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 severed from these Terms of Service, such decision not affecting the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms of Service are valid until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If we believe that you are in breach of, or suspect that you have breached, any of the terms or provisions of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may consequently deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any operating policies or rules we post on this site or regarding the Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, all prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You may 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, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - SUBSCRIPTION TO SMS MARKETING

By accepting SMS marketing from Bekombo at checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned order reminders), SMS marketing offers and transactional texts, including evaluation requests from us, even if your cell phone number is on a state or federal do not call list. The frequency of messages varies. Consent is not a condition of purchase.

If you no longer wish to receive text marketing messages and notifications, please STOP any mobile message we send you or use the unsubscribe link we provide in our messages. You understand and agree that the primary method for unsubscribing from our SMS program is to respond with specific keywords (such as “STOP”, “END”, “UNSUBSCRIBE”, “CANCEL” or “QUIT”), or to use the unsubscribe link provided. We will also respond to any other request that clearly expresses your wish to unsubscribe, including phrases such as “Please unsubscribe me”. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

If you have any questions, please send a HELP message to the number that sent you the messages. You can also contact us at [CONTACT LINK] for further information.

We have the right to change any telephone number or short code we use to operate the service at any time. You will be informed of any such changes. You agree that messages you send to a telephone number or short code that we have changed, including requests for STOP or HELP, may not be received and that we are under no obligation to honor any requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed or misdirected delivery of any information sent via the service, for any errors in such information and/or for any action you may or may not take in reliance on the information or the service.

Your right to privacy is important to us. You can review our Privacy Policy [LINK to Privacy Policy] to learn how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing Bekombo products or services, you agree that any controversy, claim, action or dispute between you and Bekombo arising out of or relating to: (a) these Terms, or breach thereof; or (b) your access to or use of Bekombo's website, services or materials; or (c) any alleged violation of any federal, state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively by individual binding arbitration administered by the European Online Dispute Resolution (ODR) platform, or and relevant authorities, in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third party (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a trial, before a court, judge or jury. The arbitrator is required to make a reasoned award in writing, including all the factual and legal conclusions on which the award is based. The arbitrator has no power to make errors of law, and the award may be set aside or corrected on judicial review by a court of competent jurisdiction. Attorney's fees, expert fees and other costs and expenses incurred by each party in connection with the arbitration shall be borne by the party that incurred them.

A. Arbitration procedures :

Claims will be heard by a single arbitrator. Arbitrations will be held in France, but parties may choose to appear in person, by telephone or by submitting documents. The arbitration shall be governed by the laws of France, without regard to principles of conflict of laws. Any dispute in this respect shall be resolved exclusively by an arbitrator. If, and only if, the arbitrator determines that the corresponding law does not apply, French law governing arbitration agreements will apply. All disputes as to whether the aforementioned mutual arbitration provisions are inapplicable, unreasonable, enforceable, valid, void or voidable shall be decided exclusively by an arbitrator, and not by a court.

B. Exclusion from Arbitration:

Notwithstanding the provisions of this Arbitration Agreement, you may elect to bring a claim in court and not by arbitration if you exclude yourself from such arbitration proceedings within 30 days from the date you first purchase any of Bekombo's products or services (the “Opt-Out Period”). You may opt out by sending written notice to Bekomboshop@gmail.com. Your written notice must include (1) your name, (2) your address and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will not adversely affect your relationship with Bekombo. You are responsible for Bekombo's receipt of your opt-out request, and you may therefore send a request by means that provide written acknowledgement of receipt (LINK BEKOMBO COORDINATES). Any exclusion request received after the exclusion deadline will not be valid and you will have to pursue your claim through arbitration.

2. Class Action Waiver:

You and Bekombo agree that you may bring or participate in claims against Bekombo only in your respective individual capacities, and not as a plaintiff or class member in any purported collective, consolidated or representative proceeding. Unless you and Bekombo agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not preside over any form of representative or class proceeding. Notwithstanding any other provision contained in this Agreement, any claim that all or any part of this Class Action Waiver is unenforceable, unreasonable, void or voidable shall be decided only by a court of competent jurisdiction and not by an arbitrator.

SECTION 21 - CONTACT INFORMATION

Questions regarding the Terms of Service should be directed to us at bekomboshop@gmail.com.

Our contact details are shown below: CONTACT LINK