Terms of Service
Terms Version 1.0 20/12/2016
Okay here’s the ugly side of doing business, the Terms. We know it’s long and tedious but we have to have them and it is your responsibility to read and understand them.
The following terms and conditions (the “Agreement”) govern all use of the bfreealpine.com website (the “Site”) and the products and/or services available on or at the Site (taken together with the Site, the “Service”).
The Service is owned and operated by Bfree Alpine.
If you do not agree this Agreement, do not use the Site.
Bfree Alpine may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Bfree Alpine may also impose limits on certain features and Services or restrict Customer’s access to parts or all of the Services without notice or liability.
The Customer certifies to Bfree Alpine that if Customer is an individual (i.e., not a corporation) the Customer is at least 18 years of age or has obtained the permission and supervision of a legal guardian. The Customer also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service.
This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Bfree Alpine reserves the right, at its discretion, to modify this agreement, fees, charges, terms at any time. The Customer shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the Customer following such notification constitutes the Customer’s acceptance of the terms and conditions of changes as modified.
Content and Copyright Policy
Bfree Alpine reserves the right to review, and if necessary remove, any content or product from the site at any time. Unless otherwise stated this site is copyright to Bfree Alpine. If you believe content or other material residing on the Bfree Alpine website infringes your copyright, please notify us immediately of the claimed copyright infringement. Please read our copyright notice.
Responsibility of Site Members and Visitors
The Customer is responsible for providing Bfree Alpine with accurate information to aid the processing of orders and delivery. If the Customer has provided inaccurate or false information that prevents correct delivery Bfree Alpine will not be liable for any incurred fees to correct the order process or delivery of goods.
Payments and Charges
When you order a Product the sale will be submitted for processing and you will be charged as soon as you confirm your payment.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilise the card to effect payment.
We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The Customer is responsible for paying all fees, payments and applicable taxes and duties associated with our Site and Services.
After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your Products.
From time to time sales and discounts will be offered, under our terms Bfree Alpine at its sole discretion may change, suspend or discontinue these discounts at any time.
Taxes and Duties
The customer is responsible for all sales taxes (as applicable) and customs fees where applicable for international purchase and delivery. If the Customer is located in California, California tax rate is calculated as a percentage of retail price when it is provided to Bfree Alpine by Customer.
Shipping and Returns
Once you have confirmed your ordered, it is not possible edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please contact us as soon as possible.
We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member’s account for Products claimed as damaged or not received are subject to Bfree Alpine investigation and discretion.
The risk of loss and title for such items pass to the Customer upon our delivery to the carrier. It is the Customer’s responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Bfree Alpine will not make any refunds and will not resend the Product.
Bfree Alpine will review replacement/return requests only if, (a) there is a print error or shirt damage that is the fault of Bfree Alpine (b) if Bfree Alpine receive a complaint within 25 days from the day the Product was delivered to the Customer (or within 30 days after the estimated delivery date), if the Product is missing.
Description of products
Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and description. Under the terms and conditions of service we reserve the right to amend the specifications of Products, their price, packaging at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. Under our terms of service we cannot guarantee that your computer monitor’s display of any color will be accurate.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Purchase of products
Your order and payment represents an offer to us to purchase a Product which is accepted by us and confirmed in an e-mail order confirmation. Any Products on the same order which we have not confirmed in a order confirmation e-mail do not form part of that contract. Bfree Alpine shall under no circumstances be held liable for any special losses due to specific circumstances of the Customer an/or Customer, indirect or consequential losses or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it is the Member’s responsibility to check and determine full ability to receive the Products. Correct Customer’s address and post code/zip code, Customer’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Bfree Alpine will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact Bfree Alpine immediately.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
We reserve the right under these terms of service to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
We deliver to Customers/Customers to most places in the world. Customer is responsible for delivery prices. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention.
Flat rate delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products may be packaged and shipped separately. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date.
Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster.
All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of Product as simple as possible.
Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
We take no responsibility and assume no liability for any comments posted by you or any third-party.
You will indemnify and hold Bfree Alpine (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Law and Jurisdiction
If a dispute arises between you and Bfree Alpine, we strongly encourage you to first contact us directly to seek a resolution.
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of Victoria. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.
You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Bfree Alpine reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Thank goodness we’re at the end.