TERMS OF USE

Effective date: [June 12, 2014]

Welcome to [www.isadoraaccessories.com] (the “Website”). Thank you for visiting. This Terms of Use (“Terms of Use”) are applicable to the relationship that exists between Bijou Mexico, S.A. de C.V. a company with domicile at Av. Santa Fe 495, int. 701, Col. Cruz Manca, Delegación Cuajimalpa de Morels, C.P. 05349, Mexico, Federal District and its affiliates (collectively “Bijou” or “us”) and any individuals that visit and use the Website or subscribe for receiving an specific service (the “users” or “you”). Please take a minute to read carefully the following Terms of Use.

1. Background

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.

2. Scope

These Terms of use are applicable to all individuals that use our Website; they are also applicable to individuals that register to receive any services offered by our Website, including our newsletter. By using this Website you agree to these Terms of Use. If you do not agree with these Terms of Use, do not access or use the Website. By making use of this Website you acknowledge that you have read and understood these Terms of Use.

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.

Bijou reserves the right to terminate this license at any time if you breach any of the clauses set forth in Terms of Use or if you allow or permit a third party to breach such clauses. In such case, Bijou may cancel your account on our Website and prohibit you from accessing or using the Website. Any conduct in violation of the clauses set forth in the Terms of Use may also result in a violation of the law (including copyright, industrial property, commerce, telecommunications and criminal laws, among other provisions). Bijou reserves its right to exercise any commercial, criminal, civil or administrative action against you allowed by law, to defend the rights of Bijou of any Website User.

5. Intellectual Property.

All Website content is property of Bijou and is protected in Mexico and other countries by copyright, industrial property laws and international intellectual property treaties. Unless otherwise indicated in the Terms of Use, no Site Content or any other material protected by the intellectual or industrial property laws relating to the Website may be copied, reproduced, distributed, mirrored, downloaded, displayed, published or transmitted in any form or by any means, without our prior written authorization or without the prior written authorization of the owner of the intellectual property rights, including but not limited to electronic or mechanical means, photocopying, recording or otherwise. You may electronically copy and print certain materials from this Website for personal and private use, for non-business purposes or profit. Any other use of the materials on this Website without our prior written permission is prohibited.

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

You are not allowed to violate our Website’s security in any way. Such violations may result in civil or criminal responsibility. Bijou has the right, but not the obligation, to execute these Terms of Use through any mean.

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).

10. Assignment

Bijou may assign in whole or in part, at any moment, your rights and obligations resulting of these Terms of Use; thereby shall be relieved of any obligation before You.

11. Applicable law and Jurisdiction.

These Terms of Use are governed by the laws of the Mexico. We both submit to the non-exclusive jurisdiction of the courts of Mexico City, Federal District, Mexico. This won’t affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics.

12. Severability; Waiver

In the case that any clause contained in the Terms of Use is declared illegal, void, invalid or unenforceable, then to the extent allowed by law, such illegality, voidance, invalidity or unenforceability shall not affect the other clauses of the Terms of Use which shall continue in force between the parties.

13. Modifications

Bijou may modify its Website’s content, and/or these Terms of Use at any moment, by publishing the modifications in its Website. The modifications will be in effect upon its publication in our Website. We ask of you to please be updated of such possible changes. In case that You do not let us know regarding your dissatisfaction within 30 days from the date the changes are posted, we will assume that you agree with them.

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
Email address:
privacidad@todomodamexico.com

In the case of questions regarding these Terms of Use you may contact us at the following email address:

terminosdeuso@todomexico.com