Welcome to the Bon Robe website, bonrobe.com (the ‘Site’), operated by Bon Robe. Please review the following terms and conditions of use (‘Terms’) and the Site’s other policies, which are incorporated into these Terms in its entirety, that govern your use and purchase of products of this Site or any service, information, tools, or business offered on this Site. These Terms are entered into by and between you and Bon Robe (‘bonrobe.com’, ‘we’, ‘our’, or ‘us’).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. YOUR USE OF AND ACCESS TO THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS WELL AS ANY UPDATES, MODIFICATIONS, OR ADDITIONS TO THEM. BY USING THE SITE AND/OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR "SERVICE" AND AGREE TO COMPLY WITH THE TERMS, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK, AND APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR PURCHASES ON THE SITE AND YOUR USE OF THE SITE. THESE TERMS APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/OR CONTRIBUTORS OF CONTENT. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE.
We reserve the right, at our sole discretion, to update, modify, or add to these Terms at any time without notice. Updates, modifications, or additions to the Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to being posted on the Site. By using the Site after we post changes to these Terms, you agree to accept those changes, regardless of whether or not you actually reviewed them. For this reason, we encourage you to review the Terms whenever you use the Site. No modification to these Terms by any party other than Bon Robe shall be enforceable against Bon Robe unless expressly agreed to by Bon Robe in writing.
We reserve the right to refuse or cancel any order for any reason. There may be exceptional circumstances where we may need to refuse to process an order after we have sent you a notice that we have received your order (the ‘Order Confirmation’), which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our refusing to process or accept an order after we have sent you an Order Confirmation.
We may, in our sole discretion, limit or cancel quantities purchased per order, per person, or per household. We reserve the right to limit or prohibit orders that we, in our sole discretion, believe is in violation of any applicable law and/or harmful to the interests of Bon Robe, another user, or its suppliers. These restrictions may include orders place by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address.
Right to Change Site
We reserve the right at any time, at our sole discretion, with or without notice to: modify, suspend, or discontinue all or any part of the Site or any product, service, feature, or content offered through the Site; charge, modify, and/or waive fees in connection with use of the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any suspension, modification, or discontinuance of the Site (or any portion thereof), or any content, service, feature or product offered through the Site. We will not be liable to your or any other third party by reason of our withdrawing any product from this Site, whether it has been sold or not.
The photos, images, icons, designs, illustrations, graphics, logos, interfaces, descriptions, texts, data, video clips, and other material provided on the Site, as well as the Site as a whole and the design of the Site, are referred to collectively as the ‘Content.’
Unless otherwise noted, the Site and all Content are protected by copyrights, trademarks, service marks, trade dress, and/or other propriety rights that are owned by Bon Robe or by respective third parties (‘Third Party Marks’). You agree that you will not challenge the respective ownership rights of Bon Robe or any third party in or to their respective Marks, and that you will not register or attempt to register any trademark, service mark, trade dress, logo, and/or domain name that is identical or confusingly similar to any of Bon Robe’s Marks or Third Party Marks.
The Site and the Content are intended solely for non-commercial, personal use. You may copy the Content displayed on the Site for your personal use only. No right, title or interest in any copied Content is granted or transferred to you as a result of any such copying. You may not reproduce, copy, publish, transmit, modify, distribute, create derivative works from, sell, license, or exploit in any way any of the Content. Any use of the Content, except as permitted by these Terms or without express prior written permission by Bon Robe, is strictly prohibited.
Information Provided By You
You represent and warrant that any information you provide in connection with your use of the Site is and shall remain accurate, true, and complete, and that you will maintain and update such information regularly. We reserve the right, at our sole discretion, to terminate your use of the Site, including but not limited to refusing or canceling your orders, if any information you provide is inaccurate, false, incomplete, or obsolete.
Comments, Feedback, and Other Submissions
We welcome your comments and feedback regarding our Site, services, and products. All communication or material you submit, disclose, or offer to Bon Robe using this Site or otherwise, including but not limited to any photos, text, artwork, ideas, stories, videos, suggestions, questions, data, feedback, comments, or the like, (collectively, ‘User Submission’), is and will be treated as non-confidential and non-proprietary and will become and remain the property of Bon Robe and may be used by Bon Robe for any purpose whatsoever, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. The disclosure, submission, or offer of any User Submission will constitute an assignment to Bon Robe of all worldwide rights, titles and interests and goodwill in the User Submissions without payment of any compensation. Furthermore, Bon Robe is free to use any ideas, concepts, know-how, or techniques contained in any User Submission you send to Bon Robe for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such User Submission. Bon Robe has the right but not obligation to monitor and edit or remove any User Submission.
You agree that your User Submission will not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Bon Robe as to the origin of any User Submission. You are solely responsible for any User Submission you submit and their accuracy. Bon Robe takes no responsibility and assumes no liability for any User Submission submitted by you or any third party.
Product availability on our website is not guaranteed. Product may be low in stock, become unavailable or sold out, or require ordering if we do not stock have it in stock. Bon Robe’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Some sale items may have limited quantities and are only available while supplies last. Neither Bon Robe nor its vendors guarantee that all orders will be filled.
The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.
All features, sales, specifications, products, and prices of products and services described on the Site are subject to change without notice.
Risk of Loss
The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.
Errors, Inaccuracies, and Omissions
We make a conscientious effort to describe and display our products and services accurately on the Site. Occasionally, despite these efforts, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to services or product descriptions, pricing, promotions, offers, and availability. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including but not limited to prices, product images, specifications, availability and services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Notice of Copyright Infringement
Bon Robe may remove any Content or User Submission if properly informed that any such Content or User Submission infringes on another’s copyright rights.
If you are a copyright owner or an agent thereof and believe that any Content or User Submission infringes upon your copyrights, you may notify Bon Robe’s Designated Agent by providing the following information in writing subject to the conditions in section titled ‘Notice’:
- identification of the Content or User Submission that you claim is infringing and a description of the alleged infringing activity;
- a description of where the alleged infringing Content or User Submission is located on the Site that is reasonably sufficient to permit Bon Robe to locate the same;
- identification of the location where the original or an authorized copy of the copyrighted work exists;
- evidence of your authorization to act on behalf of the owner of the copyrighted material;
- a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- a statement by you that you have a good faith belief that the alleged infringement is not authorized by the copyright owner, its agent, or the law;
- your address, telephone number, and email address; and
- your physical or electronic signature.
Bon Robe’s Designated Agent for notice of copyright infringement may be reached at firstname.lastname@example.org.
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
The Site may contain links and interactive functionality interacting with the websites of third parties (‘Linked Sites’). We are not responsible for and have no liability for the Linked Sites nor does linking constitute an endorsement of any Linked Sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. We provide Linked Sites solely for the convenience and information of the Site's users. Your use of third party websites and resources is at your own risk.
Ability to Accept Terms
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Disclaimer and Limitation of Liability
We do not represent or warrant that the Site or any part thereof is appropriate or available for use in your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.
THE SITE AND ALL MATERIALS, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. EXCEPT AS EXPRESSLY STATED HEREIN, BON ROBE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BON ROBE DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BON ROBE EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SITE, ALTHOUGH BON ROBE MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. BON ROBE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THESE TERMS IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION.
BON ROBE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON THE SITE.
YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. NEITHER BON ROBE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. BON ROBE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF BON ROBE’S TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to defend, indemnify, and hold Bon Robe, its employees, agents, affiliated or related entities, vendors, and content providers harmless from and against any and all claims, damages, inquires, investigations, losses, liabilities, judgments, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site, and/or your breach of any representation, warranty, or other provision of the Terms, and/or any product or service provided to you arising out of or relating to your use of the Site.
You may choose to register with us through the Site and create an account (the ‘Account’). You are solely responsible for maintaining the confidentiality of your access information, including your Account name and password, and controlling access to your Account. You agree to accept responsibility for all activities that occur under your Account. We reserve the right to reject any Account name in our sole discretion. We may terminate your Account at any time, for any reason or no reason and without prior notice to you. You agree not to transfer or resell your use of or access to the Site or permit anyone else whose account or membership was terminated to use the Site through your Account, Account name, or password. You agree to notify us immediately of any unauthorized use of your Account, or any other breach of security.
You consent to receive communication from Bon Robe electronically over the Internet or by email. You further agree to the maximum extent permitted by law, that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Unless explicitly stated otherwise in the Site, and with the exception of copyright infringement in Notice of Copyright Infringement section of these Terms, you must provide all notices or complaints to Bon Robe via email at email@example.com. You agree that Bon Robe may provide notices and other communications about your Account and Bon Robe’s Services to you by posting notice on the Site, emailing notice to the email address listed in your Account, or mailing notice to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time we post it to our website or email it to you, or within three (3) business days after we send it to you by postal mail.
Any notice under these Terms in writing and delivered by personal delivery, overnight courier, or certified or registered mail, return receipt requested, shall be deemed given (i) upon receipt when personally delivered, (ii) within one (1) business day after deposit with an overnight courier, or (iii) within five (5) business days of being sent by mail. Notices shall be sent to a party at its address as that party may specify in writing.
Bon Robe is not liable for any mis-delivered packages, or for any lost emails due to email filters or any type of filter, or due to email service disruptions.
Unlawful or Prohibited Uses
As a condition for use of this Site, you warrant that you will not use this Site for unlawful purposes or any purpose prohibited by the Terms. You agree to not interfere or attempt to interfere with the operation of the Site in any way or through any means or device, including but not limited to, hacking, spamming, overloading, uploading time bombs or computer viruses, or any unlawful means or means prohibited by the Terms.
You are prohibited from tampering with the Site and violating or attempting to violate the security of the Site, including, but not limited to: accessing data not intended for you; logging into an account you are not authorized to access; attempting to test, probe, or scan the vulnerability of a system or network; impersonating the Site; forging any header or any part of the header information in any e–mail or posting; impersonating any representative of Bon Robe; and/or impersonating another user, person, or entity.
Further, you will not:
- Post, transmit, or make available any through or in connection with the Site: anything that may be threatening, harassing, degrading, hateful, intimating, fraudulent, defamatory, vulgar, obscene, indecent, pornographic, or otherwise objectionable; anything that infringes on any intellectual property, copyright, privacy, publicity, or other proprietary rights of another.
- Frame or mirror any part of the Site.
- Engage in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
- Use any spider, robot, other device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission.
Bon Robe does not represent that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from locations outside of the U.S. do so on their own at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
These Terms constitute an agreement that is effective until and unless terminated by either you or Bon Robe. Bon Robe shall have the right at any time without notice to deny you, in whole or in part, access to the Site. Access to the Site may be reinstated by Bon Robe, at our discretion, at any time. If access is reinstated, then the current Terms will apply. Bon Robe also may in its sole discretion at any time without notice, terminate your right to access or use the Site, your account, and/or any portion thereof, including terminating your password and/or account and deactivating and/or deleting any or all information about and concerning your account, including your registration information. You understand and agree that Bon Robe may take any one or more of these actions without prior notice to you. You understand and agree that Bon Robe shall not have any liability to you or any other person for any termination or denial of access of the Site and/or removal of information concerning your account. In the event of termination or denial of access by Bon Robe, the disclaimers, policies, and limitations of liability set forth in these Terms shall continue in force.
Statute of Limitations
You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to these Terms and/or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms shall be construed and interpreted in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by the state and/or federal courts of the State of California, County of Santa Clara, and you consent to the jurisdiction of such courts.
If any provision of these Terms is found to be unenforceable or invalid for any reason, such provision shall be severable, and all other provisions of these Terms shall remain in full force and effect. The failure of Bon Robe to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The waiver of any provision of the Terms shall not be considered a waiver of any other provision or of Bon Robe’s right to require strict observance of each of the terms herein. No waiver by Bon Robe of any of these Terms shall be effective unless it is expressly stated to be a waiver and communicated to you in writing in letter to the postal address you provide us.
Bon Robe makes no implication that the Site may be lawfully viewed or that the materials published on this Site are appropriate or available for use outside of the United States. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with your local laws.
The headings and captions in these Terms (and throughout the Site) are intended for convenience only and shall in no way affect the interpretation of the Terms.