TERMS OF SERVICE

Welcome to the Bandies («Bandies») website at bandies.com which (the «Site»). These Terms of Service (these «Terms») govern your use of the Site and our online stores accessible via the Site. The Site and our services are collectively called the «Services».

The Site is operated by CUSTOM APPAREL SAS, trading as Bandies. Throughout the Site, the terms «We», «Us» and «Our» and «Bandies» refer to CUSTOM APPAREL SAS. CUSTOM APPAREL SAS offers the Site, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of the Terms, conditions, policies and notices stated here. The Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read and review these Terms carefully, because by accessing, by visiting our Site, by purchasing something from us, by using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms. If you don’t agree to these Terms, then do not access the Site and do not use the Services.

1. Changes of the Terms

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

2. International Use

We control and operate the Services from Europe, France, and all information is processed within Europe, France. We do not represent that Content on the Services is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.

3. Eligibility

By agreeing to these Terms, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

4. Purchase orders

We make available an online platform that allows you to purchase products, mainly clothes and accessories («Products»). Through the Services you will be able to browse our Products and place orders.

All orders are subject to acceptance by us, we will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.

5. Prices

The prices displayed for Products available for purchase via the Services represent the applicable retail prices quoted in euros (€). The prices do include taxes (VAT) and do not include shipping or handling charges (to the extent applicable). Any applicable shipping or handling charges will be communicated to you before you place an order. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. Payment

By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable shipping and handling and/or other charges. Payment may be made by credit card (CB, VISA, MASTERCARD or AMERICAN EXPRESS) or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.

7. Production and shipment

The Bandies garments are made-to-order and delivered within 2-4 weeks via COLISSIMO. You will receive an email confirming the Products have been shipped. We will not be held liable for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.

8. Shipping charges

Bandies offers free shipping on every shipment in Europe. For other countries, any applicable shipping or handling charges will be communicated to you before you place an order.

9. Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

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. All descriptions of products or product pricing are subject to change at any time 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, or that any errors in the Service will be corrected.

10. Errors, Inaccuracies and Omissions

We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.

11. Cancellation, Return and Exchange Policies

Cancellation, return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges are non-refundable.

12. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

13. Indemnification

You agree to indemnify, defend and hold harmless Bandies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

16. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

17. Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the European laws and the law of France.

18. Responsibility

If you want to use certain features of the Services, including purchasing products online, you’ll have to create an account (“Account”) via the Site and provide your name and email address. Creation of your Account on one of the Site will enable you to use the features available on any and all of the Site.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

19. Content and Content Rights

Subject to your compliance with these Terms, Bandies grants you a limited, non-exclusive, non-transferable, non-sub licensable license to view and print the Content, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

By making any User Content available through the Services or transmit to us through the Services (including by email), you hereby grant to Bandies a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sub licensable license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

20. Dispute Resolution

You agree that any dispute between you and Bandies will be governed by the arbitration agreement and handled on an individual basis.

We want to address your concerns without the need to initiate a formal legal case. In the event of a dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services or Content (collectively, a «Dispute»), you and Bandies agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to Bandies at support@bandies.fr. We will contact you via email at the address specified in any such notice or the address we have on file for your Account.

You and Bandies agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or Bandies may resort to the other alternatives in front of the French court.

Any claim or cause of action you may have with respect to Bandies, these Terms, the Content, the Services or any Products must be commenced within one (1) year after the claim or cause of action arose

21. Support

Questions about the product and/or the Terms should be sent to us at support@bandies.fr.

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