Terms and Conditions
Welcome to Benchusch and thank you for visiting our website.
When you use our products and services, you’re agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our website.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions of Service and Use are hereby made effective or “we” or “us” or “our “or “Company”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Benchusch, hereby amend and restate any such prior terms and conditions.
SECTION 1- ONLINE STORE TERMS
By clicking “I AGREE” and/or simply by using or accessing our services and this website, you hereby agree,
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Benchusch, as each may be amended or supplemented from time to time in our sole discretion without notice;
(c) that your use of our services and our website shall comply with all applicable federal and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
SECTION 2- PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the site, and all materials and content related to our programs even if the materials or content are not accessed through the site. Your use of the site does not grant to you ownership of any content, software, code, data or materials you may access on the site.
SECTION 3- PROHIBITED CONDUCT
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
- Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
- Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts;
- Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
- Not to solicit personal information of another person or request or obtain access to an account of another person;
- Not to bully, intimidate, or harass any person;
- Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
- Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial-of-service attack;
- Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
- Not to facilitate or encourage any violations of these Terms and Conditions;
- Not to issue chargeback disputes against us;
- Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
- Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
- Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof.
SECTION 4- PAYMENT AND PRICES
Prices for products are quoted on the item listing. Our shop contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product. In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalogue, please let us know.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the order details. You may correct those input errors before placing your order by editing your shopping cart.
SECTION 5- REFUSAL OF YOUR ORDER
We make an earnest effort to make sure that products listed on our website is available in stock and that the prices shown are correct. In the unlikely event when we’re not able to send your order or replacement due to unavailability of the product in our warehouse, we will inform you within a maximum of 7 working days from the date you place the order.
While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
SECTION 6- ERRORS AND OMISSIONS
This Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in our website is accurate, but we cannot represent that it is free of errors. You accept that the information contained on this website may be erroneous and agree to conduct due diligence to verify any information obtained from this website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this website.
SECTION 7- LIMITED LICENSE
You may access and view the site on your computer or other internet compatible device for your personal, non-commercial use only. To the extent you need to download software or documentation to use the products or services on the site, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use our services.
SECTION 8- PERSONAL RESPONSIBILITY
You aim to accurately represent the information provided to us on or through our website. You acknowledge that you are participating voluntarily in using our website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this website, and you agree to use your own judgment and due diligence before purchasing anything from our website.
SECTION 9- ONLINE PAYMENTS
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
SECTION 10- FEEDBACKS AND REVIEWS
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g., quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Benchusch feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
SECTION 11- EXTERNAL LINKS
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone ‘bad’.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SECTION 12- LIMITATIONS ON USE
You may not reproduce, resell, or distribute our products for any purpose unless you have been specifically permitted to do so under a separate agreement with Benchusch. You may not sell or enable any third parties to resell the products purchased by You, display on any website or otherwise publish the services or any Content obtained from a Service or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to our services.
SECTION 13- INDEMNIFICATION
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
SECTION 14- DISCLAIMER OF WARRANTIES
(a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR SERVICES (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
SECTION 15- LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
SECTION 16- TERMINATION
We may terminate, change, suspend or discontinue any aspect of the site or the site’s products or services at any time. We may restrict, suspend or terminate your access to the site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
SECTION 17- COMMUNICATION
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.
SECTION 18- WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 19- FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
SECTION 20- GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with American laws, and the courts of United States of America will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
SECTION 21- COPYRIGHT
©Benchusch LLC. 2021. All rights reserved. All materials presented on this site are copyrighted and owned by us, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
SECTION 22- DMCA TAKEDOWN PROCEDURE
Benchusch will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Benchusch may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
SECTION 23- MODIFICATIONS
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the site and/or the products or services offered on or through the site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.