Terms & Conditions
B Holding Group, LLC ("BHG") provides the b condoms website and the b condoms Online Store ("Online Store").All Online Store sales are governed by the sales conditions stipulated below. Please read them carefully.
The Online Store is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Online Store constitutes your agreement to all such terms, conditions, and notices.
BHG reserves the right to change the terms, conditions, and notices under which the Online Store is offered, including but not limited to the charges associated with the use of the Online Store.
TRADEMARKS AND COPYRIGHTS
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are the Trademarks of the Company or an affiliate of the company, except as otherwise noted. All other Trademarks, publicity rights, and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademarks, image, or other material displayed on the Site without the written permission of the Company or any third party that may own the relevant Trademarks or material.
All contents of the Site are the copyrighted property of the Company, or its subsidiaries, affiliates, or a Company licensor, as applicable. All contents of this Site (including text, graphics, software, code and information) are property of the Company and may not be reproduced, copied, distributed, modified or used in any way without the express written consent of the Company or as expressly specified in these Terms and Conditions.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
The Company will respond as quickly as practical to any claims that infringing material appears on the Site, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act (the "Act"), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We may terminate access for any person who is a repeat infringer. Notices of alleged infringement should be sent to:
B Holding Group, LLC
738 Saint Nicholas Ave., Second Floor
New York, NY 10031
If we remove or disable access to any allegedly infringing material, we may attempt to contact the person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.
Credit cards and payments made via Paypal are the only forms of payment permitted for on-line purchases made using the Online Store. Paypal, VISA, MasterCard, Discover and American Express are accepted. For non-profit clients, we also allow an option for invoicing. Please note that the confirmation email sent to you after your Online Store purchase has been completed constitutes your invoice.
At the time your order is placed, we will attempt to authorize your credit card with your financial institution. If your financial institution indicates that they are unable to authorize your credit card, you will be emailed a credit card authorization failure notification. Please note that your order will not be processed successfully in the event that a credit card authorization failure occurs.
Orders placed through the Online Store will be billed at the price indicated on the review page which includes the price for shipping and the description and illustration of the relevant product. In order to provide for unforeseen fluctuations in market prices, BHG reserves the right to modify its prices on products sold through its Online Store at any time without notice.
ALL SALES ARE FINAL.Since BHG is offering irrevocable goods,we do not issue refunds or returns once the order is accomplished and the product is released to the purchaser. As a customer, you are responsible for understanding this upon purchasing any item from the Online Store.
LIMITATION OF LIABILITY
IN NO EVENT WILL BHG BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, DAMAGE TO, OR LOSS OF, ANY RECORDS OR PROPERTY OR ANY CLAIM OR DEMAND AGAINST CLIENT BY ANY OTHER PARTY DUE TO ANY CAUSE WHATSOEVER, EVEN IF BHG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF SUCH POSSIBILITY.
BHG'S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR BY STATUTE OR OTHERWISE) TO CLIENT OR TO ANY THIRD PARTY CONCERNING THE PERFORMANCE OR NONPERFORMANCE BY BHG, OR ANY MATTER RELATED TO THIS AGREEMENT OR ANY SERVICE REQUEST, FOR ANY AND ALL CLAIMS, SHALL NOT IN THE AGGREGATE EXCEED THE AMOUNT PAID BY CLIENT TO BHG THEREUNDER WITH RESPECT TO THE PARTICULAR SERVICE, DELIVERABLE OR PRODUCT PROVIDED UNDER THIS AGREEMENT GIVING RISE TO THE LIABILITY.YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF THESE ARRANGEMENTS SHALL BE FOR BEARDED, UPON RECEIPT OF WRITTEN NOTICE, TO USE COMMERCIALLY REASONABLE EFFORTS TO CURE THE BREACH AT ITS EXPENSE, AND FAILING THAT, THE RETURN OF FEES PAID FOR THE PARTICULAR SERVICE, DELIVERABLE OR PRODUCT GIVING RISE TO THE LIABILITY.
BHG may, without liability, delay performance or cancel this Agreement on account of force majeure or other circumstances beyond its control including, but not limited to, acts of God, war, riot, fire, earthquake, explosion, flood, lockout, injunction or telecommunications, electrical or source of supply failure, or the unavailability of services, personnel, products or materials.
DISCLAIMER OF ALL OTHER WARRANTIES
ALL MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
The Online Store (excluding any linked sites) is controlled by us from our offices within the State of New York, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site, both of us agree that the statutes and laws of the State of New York, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Any arbitration, enforcement of an arbitration or litigation will be brought exclusively in the United States District Court for the Southern District of New York, New York, and customer consents to the jurisdiction of the federal and state courts located therein, submits to the jurisdiction therefore and waives the right to change venue. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any Statement of Work or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or any Statement of Work (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Seller's or any of its Affiliates' advertising or marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF ANY OF SELLER, CUSTOMER OR THE THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Seller nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved.Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim.Notwithstanding any choice of law provision included in these Terms and Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§1-16). The arbitration will take place exclusively in New York, NY. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Online Store is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
FEEDBACK OR QUESTIONS
If you have any questions or feedback regarding our privacy statement, please contact us as follows: B Holding Group, LLC. 646-345-8224