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Terms & Conditions
Updated at June 8th, 2023
General Terms
By engaging in a transaction with BerbereDesign, you hereby acknowledge and consent to the Terms & Conditions, which are applicable to the entirety of the website and all forms of communication. BerbereDesign shall not be held accountable for any damages resulting from the utilization of their materials, encompassing but not limited to data loss or profit reduction. In the event that the materials necessitate servicing, repair, or correction, you shall bear the associated costs. Furthermore, BerbereDesign retains the prerogative to modify prices and amend their policy regarding resource utilization.
License
By engaging in a transaction with BerbereDesign, you hereby acknowledge and consent to the Terms & Conditions, which are applicable to the entirety of the website and all forms of communication. BerbereDesign shall not be held accountable for any damages resulting from the utilization of their materials, encompassing but not limited to data loss or profit reduction. In the event that the materials necessitate servicing, repair, or correction, you shall bear the associated costs. Furthermore, BerbereDesign retains the prerogative to modify prices and amend their policy regarding resource utilization.
Definitions and key terms
BerbereDesign offers users a restricted license to download, install, and utilize the website in accordance with the provisions outlined in this Agreement. This agreement is established between the user and BerbereDesign, the provider of the BerbereDesign Service. Breaches of this agreement may lead to the termination or suspension of the user’s account without prior notification.
Restrictions
The user agrees not to commercially exploit the website, modify it, or remove any proprietary notice of BerbereDesign or its affiliates, partners, suppliers, or licensors, or make the platform available to third parties.
Payment
Payment plans for BerbereDesign require users to pay all fees and charges in accordance with the applicable terms.
The payment provider agreement governs the use of the designated credit card account, and users must refer to it for rights and liabilities.
BerbereDesign can verify information and invoice users without additional notice.
Users must notify BerbereDesign of billing changes and are responsible for attorney fees, court costs, and collection costs.
A contract does not exist until an order is accepted.
Users are also responsible for any third-party fees.
Return and Refund Policy
BerbereDesign appreciates your shopping and strives to provide a rewarding experience. Transactions at BerbereDesign involve terms and conditions, including BerbereDesign’s Privacy Policy. If you’re not satisfied with any product or service, please contact the company for assistance in resolving any issues.
Your Suggestions
BerbereDesign retains all feedback, comments, and suggestions on its website, which can be used, copied, modified, published, or redistributed without any compensation or credit.
Your Consent
We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
These Terms and Conditions are applicable solely to the Services provided by BerbereDesign, which may include hyperlinks to external websites beyond their jurisdiction. BerbereDesign disclaims any responsibility for the content, precision, or viewpoints expressed on these websites. Your access and engagement with these websites are subject to their respective regulations and protocols.
Cookies
BerbereDesign employs cookies to identify the areas of the website that have been visited, thereby augmenting performance and functionality. These diminutive data fragments are retained on devices by web browsers. The absence of these cookies may result in certain functionalities being unavailable or necessitate the provision of login credentials. Disabling cookies may have an impact on functionality, however, it is important to note that personally identifiable information is never stored in cookies.
Changes To Our Terms & Conditions
BerbereDesign retains the prerogative to cease or temporarily suspend the provision of the Service without prior notification, while users maintain the freedom to terminate their usage at any given moment. The deactivation of an account may impede access to the Service, account particulars, or any stored content. Any modifications to the Terms & Conditions shall be published on this webpage.
Modifications to Our website
BerbereDesign reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
Updates to Our website
BerbereDesign may periodically update its website’s features, including patches, bug fixes, and upgrades. These updates may modify or delete certain functionalities, and BerbereDesign has no obligation to provide them. All updates are considered integral to the website and subject to this Agreement
Third-Party Services
BerbereDesign has the ability to exhibit content from third-party sources or offer connections to third-party websites or services. Nevertheless, BerbereDesign cannot be held accountable for the precision, entirety, promptness, legitimacy, conformity with copyright laws, lawfulness, decency, or quality of these services. These services are presented for the purpose of convenience, and users access and utilize them at their own discretion and risk.
Term and Termination
This Agreement is valid until terminated by you or BerbereDesign, with BerbereDesign having the final say.
Termination is immediate if you fail to comply, or you can delete the website.
Upon termination, you must stop using the website and delete all copies.
BerbereDesign’s rights and remedies remain unaffected.
Copyright Infringement Notice
If you believe a material on our website infringes on your copyright, contact us with the following information: the owner’s signature, the material’s identification, your contact details, a statement of good faith belief that the material is not authorized, and a statement that the information is accurate.
Indemnification
By utilizing the website, breaching the terms of this Agreement, or infringing upon the rights of third parties, you hereby consent to indemnify BerbereDesign and its affiliated companies, officers, employees, agents, partners, and licensors, absolving them from any claims or demands that may arise.
No Warranties
The website is provided “AS IS” and “AS AVAILABLE” with all faults and defects, without warranty, and BerbereDesign does not guarantee its functionality or error-freeness.
BerbereDesign and its providers do not make any representations or warranties regarding the operation, availability, accuracy, reliability, or currency of their website, its servers, content, or emails, nor do they guarantee the absence of viruses, scripts, trojan horses, worms, malware, or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
BerbereDesign and its suppliers’ liability under this Agreement is limited to the actual payment made by you for the website, despite potential damages.
BerbereDesign and its suppliers shall not be held accountable for any potential damages, including but not limited to loss of profits, data, business interruption, personal injury, or privacy breach, resulting from the utilization of the website, third-party software, or hardware. This exemption applies even if prior notification of such potential damages has been provided.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
In the event that any provision within this Agreement is considered unenforceable or invalid, it shall be construed in a manner that fulfills its intended purpose, while the remaining provisions shall continue to be in force.
This Agreement, Privacy Policy, and other legal notices form the entire agreement between you and BerbereDesign regarding the Services. If a provision is deemed invalid, the remaining provisions remain valid. No waiver of terms is considered a waiver. Any cause of action related to the Services must begin within one year, otherwise, it is permanently barred.
Waiver
Failure to exercise a right or require performance under this Agreement does not affect future rights or obligations, nor does waiver of a breach constitute waiver of subsequent ones.
This Agreement confers rights and powers upon both parties, and the failure to exercise said rights and powers does not result in their forfeiture. The exercise of any individual or partial right or power does not impede the subsequent exercise of further rights or powers. In the event of a conflict, this Agreement shall prevail and govern.
Amendments to this Agreement
BerbereDesign reserves the right to modify or replace this Agreement at any time, with at least 30 days’ notice for material changes. Continued use of the website after revisions implies agreement to the revised terms.
Entire Agreement
The Agreement is the sole agreement between you and BerbereDesign regarding your website use, superseding all previous agreements. Additional terms may apply for other BerbereDesign services
Updates to Our Terms
We may update our Service and policies, and you will be notified before any changes are made. You can review the updated Terms before they take effect, and if you don’t agree, you can delete your account.
Intellectual Property
The ownership of the website and its contents lies with BerbereDesign and is safeguarded by a range of intellectual property legislations. Any form of copying, alteration, reproduction, downloading, or distribution without explicit written consent is strictly prohibited, unless otherwise stated in the Terms & Conditions. Unauthorized utilization is likewise forbidden.
Agreement to Arbitrate
This section pertains to conflicts arising between yourself and BerbereDesign concerning the Services or agreement, encompassing claims related to the enforcement or validity of intellectual property rights. The term “dispute” encompasses any legal or equitable controversy.
Notice of Dispute
In a disagreement, either party must submit a formal Notice of Dispute, which BerbereDesign will send electronically. The dispute will be addressed through informal negotiations for 60 days.
Binding Arbitration
If no informal negotiation is successful, BerbereDesign will exclusively use binding arbitration to resolve any disputes. The parties will lose the right to litigate in court. The dispute will be settled according to American Arbitration Association commercial arbitration rules. The non-prevailing party will bear all costs, fees, and expenses incurred by the prevailing party.
Submissions and Privacy
Submissions of ideas, creative suggestions, designs, and information are non-confidential and non-proprietary, exclusive property of BerbereDesign without compensation, and can be used for product development, manufacturing, and marketing.
Promotions
BerbereDesign may run contests, promotions, and sweepstakes, requiring submission of personal information. These activities may have eligibility requirements, such as age and location. Participants must read the rules to determine eligibility. Additional terms and conditions may apply for purchases through the Services.
Typographical Errors
We reserve the right to decline or revoke orders due to incorrect pricing or typographical errors, regardless of confirmation or credit card charges.
Miscellaneous
The BerbereDesign Privacy Policy and Terms and Conditions form a binding agreement between you and BerbereDesign. Courts may unenforce provisions, and waivers require authorization. BerbereDesign may pursue remedies for breaches, but the Service is not intended for legal distribution.
Disclaimer
BerbereDesign is not responsible for any content, code or any other imprecision.
BerbereDesign does not provide warranties or guarantees.
BerbereDesign is not liable for any damages arising from the use of the Service or its contents, and may modify the Service’s content without prior notice.
BerbereDesign provides the BerbereDesign Service in its current state and availability, without any warranties or representations. As a distributor, BerbereDesign does not have control over third-party content and cannot guarantee the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the service. BerbereDesign explicitly disclaims any warranties of merchantability, fitness for a specific purpose, or non-infringement of third-party rights. Please note that price and availability information may change without prior notice.
Contact Us
Don’t hesitate to contact us if you have any questions.
- Via Email: [email protected]
- Via Phone Number: +1 307-445-2564
- Via this Link: https://berberedesign.com/
- Via this Address: 1111B S Governors Ave STE 7173, Dover, DE 19904
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