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Terms of service

Welcome to our website. By visiting and making a purchase, you engage in our "Service" and consent to be bound by the following terms and conditions ("Terms of Service," "Terms"), which include additional terms and policies referenced and accessible via hyperlinks. These Terms apply universally across all user types, including browsers, vendors, customers, merchants, and contributors of content.

Understanding the Terms:

  • Compliance Requirement: Before using our website, please read these Terms of Service carefully. By accessing or using any part of our site, you agree to be bound by these Terms. If you disagree with any part of the terms, do not access or use our services.
  • Terms of Offer: These Terms of Service are considered an offer, with acceptance strictly limited to these Terms.
  • Updates and Changes: We may update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our site periodically for changes. Your continued use of or access to our website after any changes are posted constitutes acceptance of those changes.
  • New Features and Tools: Any new features or tools added to our store will also be subject to the current Terms of Service.
  • Reviewing Terms: You can review the most current version of the Terms of Service at any time on this page.

Your use of our website confirms your acceptance of our Terms of Service. If you do not agree to all the terms and conditions, you should not access the website or use any services.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you meet the following criteria:

  • Age Requirement: You are at least the age of majority in your country of residence, or if you are the age of majority, you have consented to allow any of your minor dependents to use this site.
  • Legal Use of Products: You may not use our products for any illegal or unauthorized purposes. Additionally, you must not violate any laws in your jurisdiction while using our Service, including but not limited to copyright laws.
  • Prohibited Actions: You must not transmit any worms, viruses, or any code of a destructive nature through our Service.
  • Consequences of Violation: Any breach or violation of these Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

Here are our general conditions for using our service:

  • Right to Refuse Service: We reserve the right to refuse service to anyone for any reason at any time.
  • Data Transmission:You understand that your content, excluding credit card information, may be transferred unencrypted. This includes (a) transmissions over various networks and (b) changes needed to conform and adapt to technical requirements of connecting networks or devices. However, credit card information is always encrypted during network transfers.
  • Prohibitions on Use: 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 from us.
  • Headings: The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 –ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Please note the following regarding the information provided on our site:

  • Disclaimer on Information: We are not responsible if information available on this site is not accurate, complete, or current. The material is provided for general informational purposes only and should not be the sole basis for making decisions without consulting primary sources that are more accurate, complete, or timely. Any reliance on the material on this site is at your own risk.
  • Historical Information:This site may include historical information which is not current and is provided for reference only.
  • Content Modification Rights: We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information. It is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Here are the terms regarding changes to our services and pricing:

  • Price Changes: Prices for our products are subject to change without prior notice.
  • Service Modifications: We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
  • Limitation of Liability: We shall 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)

This section outlines terms related to the products or services offered through our website:

  • Availability: Certain products or services may be exclusively available online through our website. These may have limited quantities and are subject to return or exchange only according to our Return Policy.
  • Product Representation: We have made every effort to accurately display the colors and images of our products that appear at our store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
  • Sales Limitations: We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer.
  • Pricing and Product Changes: All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time.
  • Offers Void Where Prohibited: Any offer for any product or service made on this site is void where prohibited.
  • Quality and Errors: 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.

SECTION6–ACCURACY OF BILLING AND ACCOUNT INFORMATION

In this section, we outline our policies related to order placement, billing, and account accuracy:

  • Order Acceptance: We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order.
  • Order Limitations: Restrictions may apply to 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.
  • Order Adjustment or Cancellation: If we modify or cancel an order, we will try to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
  • Prohibited Orders: We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers, or distributors.
  • Account Information Accuracy:You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, to ensure that we can complete your transactions and contact you as needed.

For further details on how these situations are handled, please review our Returns & Exchange Policy.

SECTION 7 – OPTIONAL TOOLS

On our website, you may have access to tools provided by third parties, which we do not oversee, control, or influence.

Access and Usage:

  • As-Is Basis: We offer these tools without any warranties or guarantees of performance, and without any endorsement. We are not liable for any issues that arise from your use of these tools.
  • Risk and Responsibility: You use these third-party tools at your own risk. It is your responsibility to review and accept the terms provided by the respective third-party providers.

Future Updates:

  • New Features: We may introduce new features and services on our website, including new tools. These will also be governed by our current Terms of Service.

This section is designed to inform you about your rights and responsibilities when using third-party tools available through our website, ensuring that you use such tools informedly and at your own discretion.

SECTION 8 – THIRD-PARTY LINKS

Our website provides access to a variety of content, products, and services, some of which come from third-party sources.

Overview of Third-Party Links:

  • External Links: You will find links on our site that lead to third-party websites. Please be aware that these sites are not affiliated with us.
  • No Oversight: We do not review, evaluate, or verify the content or accuracy of these third-party websites. We offer no warranties and accept no liability or responsibility for any third-party materials, websites, or other products and services provided by third parties.

Liabilities and Transactions:

  • No Liability for Damages: We are not liable for any harm, damages, or losses that may result from your interactions or transactions with these third-party sites.
  • Review Third-Party Terms: Before engaging in transactions, carefully review the third-party’s policies and procedures to ensure you understand them fully.
  • Direct Complaints: Any complaints, claims, concerns, or questions regarding third-party products should be addressed directly to the third-party involved.

This section aims to clarify our position and your responsibilities when interacting with third-party links and content presented through our service, enhancing your awareness and caution in such engagements.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

When you provide us with comments, feedback, or other submissions, such as contest entries or creative ideas, either upon our request or unsolicited, the following terms apply:

Use of Comments:

  • Unrestricted Use: We may use your submissions in any way, including editing, copying, publishing, distributing, and translating without any restriction.
  • No Obligations: We are not obligated to:
     1.Keep any submissions confidential;
     2.Pay compensation for any submissions; or
     3.Provide responses to any submissions.

Monitoring and Moderation:

  • Discretionary Monitoring:While we are not required to do so, we may monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property rights or these Terms of Service.

User Responsibilities:

  • No Violation of Third-Party Rights: Your comments should not infringe on any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights.
  • Content Restrictions:Ensure your comments are not libelous, unlawful, abusive, obscene, or contain malware that could impact the operation of the Service or any related website.
  • Authenticity and Accuracy: You must not use a false email address, impersonate others, or mislead as to the origin of your comments. You are solely responsible for the content of your comments and their accuracy.

Liability:

  • No Responsibility for Comments: We do not take responsibility or assume liability for any comments posted by you or any third party.

These terms are designed to clarify the rights and responsibilities related to any content you submit to us, ensuring transparency and understanding of how such content may be used by our website.

SECTION 10 – PERSONAL INFORMATION

The collection and use of personal information through our store are governed by our Privacy Policy. You can view this policy to understand how we handle and protect your personal data.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Handling of Inaccuracies:

  • Occasional Errors: From time to time, our site and services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.
  • Correction Rights: We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is found to be inaccurate at any time without prior notice, including after an order has been submitted.

Information Updates:

  • No Obligation to Update Information: We are not required to update, amend, or clarify information, including pricing information, on our service or any related website, except as mandated by law.
  • No Assurance on Update Dates: Any update or refresh date applied in the service or on any related website should not be taken as an indication that all information in the service or on any related website has been modified or updated.

These sections inform you about how we handle your personal information and manage any inaccuracies that may appear on our site or in our service.

Section 12 - Prohibited Uses

In alignment with the stipulations outlined in our Terms of Service, the following activities are strictly prohibited when using our website or its content:

(a) Engaging in any activity that is unlawful.

(b) Encouraging others to partake in any unlawful acts.

(c) Violating any international, federal, state, or local regulations, rules, or laws.

(d) Infringing upon or violating our intellectual property rights or those of others.

(e)Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

(f) Submitting false or misleading information.

(g) Uploading or transmitting viruses or any other type of malicious code that could potentially impact the functionality or operation of the Service, related websites, or the Internet.

(h) Collecting or tracking the personal information of others.

(i) Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.

(j) Using the site for any obscene or immoral purpose.

(k) Interfering with or circumventing the security features of the Service, related websites, or the internet.

We reserve the right to terminate your access to the Service or any related website if these prohibitions are violated.

Section 13 – Disclaimer of Warranties; Limitation of Liability

Disclaimer of Warranties

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Additionally, we make no warranty that the results obtained from the use of the service will be accurate or reliable.

Service Interruptions and Cancellations

You acknowledge that we may, at our discretion, remove the service for indefinite periods or cancel the service at any time without prior notice to you.

Assumption of Risk

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service, along with all products and services delivered to you through the service, are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes, but is not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of Liability

In no event will we, or 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. This includes 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. This also includes any other claim related in any way to your use of the service or any product, such as 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 the possibility of such damages.

State or Jurisdictional Limitations

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 maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold harmless our company, along with our parent organization, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, 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.

By using our service, you accept this duty of indemnification, which is a core requirement of the agreement between you and our company, ensuring that you are responsible for your actions and their repercussions within the legal and operational framework established by our Terms of Service.

Section 15 – Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by applicable law. Only the unenforceable part shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions of these Terms of Service. This ensures that the rest of the agreement remains intact and enforceable, maintaining the framework of the contractual relationship.

Section 16 – Termination

Persistence of Obligations

The obligations and liabilities of the parties that were incurred prior to the termination date will survive the termination of this agreement for all purposes. This ensures that any ongoing responsibilities, such as payments or indemnifications, will continue to be relevant and enforceable even after the agreement has ended.

Termination of Terms of Service

These Terms of Service remain effective until they are terminated by either you or us:

By You: You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or if you cease using our site. This allows you flexibility and control over your continued participation in our services.

By Us: We reserve the right to terminate this agreement at any time without notice if, in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of these Terms of Service. Upon termination, you remain liable for all amounts due up to and including the date of termination. Additionally, we may deny you access to our Services (or any part thereof).

Section 17 – Entire Agreement

  • Non-Waiver:Not exercising or enforcing a right or provision under these Terms of Service does not waive that right or provision.
  • Comprehensive Agreement:These Terms of Service, along with any policies or rules posted by us, constitute the full agreement between you and us, superseding all previous agreements.
  • Interpretation:Ambiguities in these Terms will not be held against the party that drafted them.

Section 18 – Governing Law

These Terms of Service and any related agreements are governed by and construed in accordance with the laws of the United States, Canada, and the European Union.

Section 19 – Changes to Terms of Service

  • Current Version: You can always view the most current version of the Terms of Service on this page.
  • Updates and Changes: We may update, change, or replace any part of these Terms of Service at our sole discretion by posting the changes on our website.
  • Your Responsibility: It is your responsibility to check our website periodically for any changes.
  • Acceptance of Changes: Your continued use of or access to our website or the Service after changes are posted constitutes your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at supports@byane.com.

Our contact information is posted below:

Trade name：Byane

Email：supports@byane.com

Physical address：Room 1-802-2, Building 1, Yin Long Wan, Wenyan Street, Xiaoshan District, Hangzhou, Zhejiang, 311258, China