Effective date: [June 12, 2014]
Bijou operates several stores located in the United States, Mexico and other countries. The primary business of Bijou is to sell Bijou products available at stores; Bijou has developed this Website in order for customers to be able to see catalogs of products offered by Bijou in its stores; the Website may also allow users who voluntarily register to our newsletter service (the “Newsletter”) to receive news regarding offers, promotions and new items available in our stores. The use of this Website is governed by Mexican law. If you use this site from any other country, you will be using our Website at your own risk and are liable to comply with Mexican law and all applicable laws in your jurisdiction.
3. Requirements to use the Website
In order to access and use this Website, You must be of legal age (18 years). By using this Website, You acknowledge to be of legal age.
To read the Privacy Notice click the button “Privacy Notice” at the bottom of this Web Site.
4. License to use the website
If you meet the aforesaid requirements and are not subject to any of the restrictions referenced in Clause 3 above, Bijou grants you a personal, non-exclusive, revocable and non-transferrable license to use our Website and Site Content solely for personal, private and not for profit use. The term “Site Content” includes any information or material contained or published on the Website, including but not limited to trademarks, designs, product descriptions, HTML text, graphics, files, photographs or pictures, as well as the code, computer programs, software layout, databases and any derivative work used by the Wesite.
This license is subject to restrictions and does not include the following uses, among others: (i) to use the Website to resell products or otherwise commercially use the Website or Site Content; (ii) to modify, adapt, translate, reverse engineer, disassemble, decompile or convert any format or software existing on the Website. You are only authorized to use HTML code or any other code on this Website as it is displayed in your browser; you are further not authorized to make such codes available to a third party; (iii) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying or transmitting any Site Content (including trademarks) in any form or by any means; this restriction includes but is not limited to the following means: electronic, mechanical, photocopying, recording or otherwise; (iv) the collection and use of any product lists or product descriptions; (v) modifying the Website and/or Site Content or making any other derivative work based on such materials; or (vi) using any mechanism or automated tool (including bots or spiders, among others) or any similar automated method or technology whose intent or result is the extraction, mining or collection, directly or indirectly, of Site Content or any information or personal data relating to the Website.
Except for the Website uses authorized in this clause, Bijou does not grant you the express or implied right or license to use any patent, trademark, copyright, access right, use or database operation or any other intellectual property right belonging to Bijou or any third party, pursuant to the applicable laws (including copyrights or industrial property rights). You cannot use meta-tags or hidden text including the name, trademark or product names of Bijou without the prior express written consent of Bijou.
5. Intellectual Property.
6. Information regarding our products; product availability.
Bijou endeavors to ensure that the description of the products included in our Catalog is accurate, and to ensure that the products are available at stores. However, User agrees that, to the extent permitted by law, Bijou: (a) a. Offers no commitment that the Website information (including product descriptions, photographs, etc.) or any Site Content is accurate, complete, reliable, current or error- or omission-free; or that such information exactly matches the labels, warranties or any other information included in or enclosed with the items; (b) b. Reserves the right to change or substitute, at any time, any item, prices or specifications posted on the site and any other Site Content; we will generally make these modifications from time to time, without prior notice; we assume no liability for any damage or loss caused by the change, substitution or discontinuation of an item; (c) does not guarantee that the goods included in our Website will be available at stores.
7. Links to Third Parties’ Websites
The Website may contain links to other Internet websites, outside our Website, maintained by third parties over which Bijou has no control. The use of these Internet websites is at your own risk. Bijou does not guarantee any other website or the information, products or services offered or that appear in or through these websites.
Bijou allows the creation of links to any third party website only and exclusively to our Website’s homepage. The right granted is not exclusive and is granted provided that the link does not imply Bijou’s representation or any of its products in a false, misleading, or defamatory manner. The right granted is subject to restrictions and may be revoked by Bijou at any time. It is prohibited to use any of the Website’s content without our prior written consent. The aforementioned, includes the use of any material through framing techniques (framing). Any other form of link between our Website and other website without our prior written consent is prohibited.
8. Website’s Security and Integrity
Bijous reserves the right to restrict, suspend or cancel the use of the Website, if reasonably determined that the behavior may: (1) expose Bijou to penalties, legal actions or any other kind of responsibility; (2) cause harms or interfere with the integrity or normal operations of the Website; (3) interfere with others users’ use to the Website; (4) violate any law, provision; or (5) present an imminent harm risk to the Website or its users. Therefore, Bijou reserves the right to modify or interrupt whether temporarily or permanently at any time, the Service or any part of it whit or without any prior notice.
9. Limitation of Liability.
The Website and its content are provided for free. We will make our biggest efforts in order to keep it available 24/7 all year long. Nevertheless, we do not guarantee the Website from having flaws or interruptions; therefore we are not responsible for such, neither for any harm or damage this may cause. Likewise, we will make our biggest possible efforts to protect the content, including backups to all our information in a constant manner. However, we are not responsible for any flaw that may erase, alter or affect the content.
You acknowledge You are completely responsible for any harm to your informatics system or data lost due to the material found in this Website. Bijou does not guarantee that the information or content is available through its Website, nor that it is correct, current, true, liable, complete, and appropriate for a specific purpose, nor error-free or omission-free, limited solely in accordance to the provisions set by the law. Likewise, Bijou reserves the right to change or substitute, at any moment, any Website’s product, prices or specifications published in the Website and any other content of the Website. Additionally, Bijou has the right to revoke any offer or sale applicable to merchandise, even before the offer term has expired; in all cases, Bijou will notify the offer or sale revocation through the Website. The access to the content or information is at your own risk.
As a consequence, to the extent permitted by the applicable law, we expressly disclaim from any warranties, expressed or implicit; the aforementioned, including those of quality, commerciality, commercial quality, durability, fitness for a particular purpose or any other resultant from the law. We are not responsible for any loss, being of money (including benefits or hoped profits), good will or reputation, or any other direct or indirect harm or damage that may result from your use to the Website; the aforesaid, even in the cases in which you informed us regarding a possible harm or damage to be executed. Some jurisdictions do not allow disclaiming of offering warranties or state exclusion clauses regarding damage responsibility; therefore, the limits and exclusions here mentioned will only apply to the extent permitted by law.
Despite the provisions set out in the preceding paragraph, if determined that we are responsible, our responsibility before you or before any third party (whether in agreement, tort, negligence, tort liability, resulting from the law or other mean) shall be limited to a contractual penalty equivalent to the greater amount from: (a) the total price you paid us for our services for the last 12 months prior to the action giving rise to such liability and (b) the amount of $1,200 pesos, legal currency of the United Mexican States (or $100 USD, legal currency in the United States of America).
11. Applicable law and Jurisdiction.
12. Severability; Waiver
If we consider that the modifications are substantial in regards to our relationship with You, we will make an effort to notify You, e.g. via email.
14. Questions, Complaints and claims.
In the case of questions, complaints you may contact us at the following telephone numbers and addresses:
Bijou México, S.A. de C.V.
Av. Santa Fe 495 int. 701
Col. Cruz Manca
Delegación Cuajimalpa de Morelos
Zip Code 05349
Mexico, Federal District