- "Content" includes all Text, Graphics and Design used on the Website.
- "Graphics" includes all logos, buttons, and other graphical elements on the Website.
- "Text" includes all text on every page of the Website.
- “Service Providers” includes all Bernardo1946’s officers, directors, employees, agents, licensors and suppliers.
- “Parties” includes both you and Bernardo1946, while “Party” includes either you or Bernardo1946.
- “Dispute” includes all claims, disagreement, disputes or controversies between you and Bernardo1946 and its Service Providers arising out of or in any way related to the Website, to your use or access thereof, to any purchase, to the advertising and other content on the Website, to any products, services or other features offered, marketed, sold or distributed by Bernardo1946.
If you do not agree to these terms, you may not use the Website.
Since Bernardo1946 may revise this agreement at any time, you should visit this page periodically to review the terms of your use.
3. Use of this Website
The Website has e-commerce functions and is intended to facilitate the offering for sale of our products by Bernardo1946, as well as to provide access to other informational and promotional materials.
The contents of the Website and the Website as a whole are intended and made available to you solely for your lawful, personal, noncommercial use.
Using the Website for any other purpose or in any other manner is strictly prohibited.
4. Intellectual Property Ownership
Please be aware that as you visit and navigate the Website, your use of such Website is subject to applicable laws governing the ownership and use of intellectual property, including but not limited to Bernardo1946’s trademarks and copyrights.
Bernardo1946 owns any and all intellectual property rights relating to the Bernardo1946 brand - including copyrights, trademarks, service mark, trade name, trade dress, logos, Website, text, graphics, photography, navigational buttons, text, design patents and any other intellectual property owned by Bernardo1946.
5. Disclaimer of Liability
Bernardo1946 shall not be liable for damages of any kind related to your use of or inability to access this website. We make no representations or warranties of any kind, whether express or implied, with respect to the Website, their content, or the information available on or through the Website; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of the Website or any other site linked to the Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages. Your use of the Website is undertaken at your own risk.
6. Product Information and Inaccuracies
We always try to provide the most accurate, reliable and recent information and to display as accurately as possible the colors of our products on our website at all times. Despite our efforts, the information and display on the Website may occasionally contain incomplete data, typographical errors, or inaccuracies. Certain colors, measures and other descriptions may be approximate and are provided for convenience purposes only. We make no representation as to the completeness, accuracy or correctness of any information on the Website. Any errors are wholly unintentional and we apologize if erroneous information in any way affects your order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied.
We reserve the right to amend errors or to update any product information on the Website at any time without prior notice.
All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars.
7. Refunds and Exchanges
We want to make sure that you are satisfied with the products purchased on the Website. We gladly accept returns of unworn merchandise within 30 days of delivery. When returning Sale and Final Sale merchandises customers will be charged with the shipping fee of the return ($5.95). Sale items can be returned only for refund or merchandise credit. Final Sale items expressly may not be refunded but only returned for merchandise credit. Gift Cards and E-Gift Cards cannot be returned or redeemed for cash.
Visit https://bernardo1946.com/pages/returns for more info.
You agree to indemnify, defend, and hold harmless Bernardo1946’s Service Providers” from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
9. Applicable Law
10. Dispute Resolution: Arbitration Agreement
- Except as provided in paragraph (b), you understand and agree that Dispute shall be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”) which must be commenced within one (1) year after the Dispute arises.
- You understand and agree that all Dispute shall first try to be settled in good faith by providing written notice to the other party (“Notice of Dispute”) including full name and contact information of the complaining party, describing the nature, facts and circumstances of the Dispute, providing any relevant documentation, setting forth the specific relief sought and allowing the receiving party 30 days in which to respond to or settle the Dispute. Bernardo1946 will send its Notice of Dispute to your billing address or to your e-mail address (if you provided to Benrardo1946). You will send your Notice of Dispute to Bernardo’s Customer Care representative at email@example.com Both you and Bernardo1946 agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
- To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Either party may initiate arbitration, which shall be conducted before a single arbitrator from the American Arbitration Association ("AAA"). Information on AAA and how to start arbitration can be found at http://www.adr.org or by calling 800-778-7879. As modified by this agreement, the conduct of the arbitration shall be subject to AAA's then-current rules for commercial arbitration. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You and Bernardo1946 both waive the right to seek attorneys’ fees and costs in arbitration.
- You and Bernardo1946 agree that all arbitrations shall proceed on an individual basis. In so doing you and Bernardo1946 hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
- This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the State of New York. The terms of the Arbitration Agreement provisions shall survive after your relationship with Bernardo1946 and/or use of the Website or other services and products ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
11. General Information