Termini e condizioni del servizio

Overview

Welcome to Bense! "We," "our," and "us" refer to Bense. Bense operates this store and website, including all related information, content, features, tools, products, and services, designed to provide you, the customer, with a curated shopping experience (hereinafter referred to as the "Service"). Bense is powered by Shopify, which enables us to provide you with the aforementioned services.

The following specific terms of service, along with any policies referenced herein (collectively, these "Terms of Service" or "Terms"), outline the rights and responsibilities you have when using the Service.

Please read these Terms of Service carefully, as they contain important information about your legal rights, covering various aspects including warranty disclaimers and liability limitations.

Accessing our Service, interacting with our Service, or using our Service indicates your agreement to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Service.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you consent to our allowing any of your minor dependents to use our Service on devices you own, purchase, or manage.

To use the Service, including to access or browse our online store or purchase any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, complete, and up-to-date, and that you have all necessary rights to provide such information.

Maintaining the security of your account credentials and all activities under your account is solely your responsibility. You may not transfer, sell, assign your account to any other person, or license its use to any other person.

Section 2 – Our Products

We have made every effort to accurately present our products and services in our online store. However, please note that due to differences in the type of device you use to access the store and your device's settings and configuration, the actual color or appearance of the product may differ from what you see on the screen.

We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or be identical to what is described or presented in our online store.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may, on a case-by-case basis, limit the quantity of any products we offer to any person, geographic region, or jurisdiction.

Section 3 – Orders

Your act of placing an order represents an offer to purchase. Bense reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until Bense confirms acceptance. We must receive and process your payment before your order can be accepted. Please double-check your order before submission; once an order is accepted, Bense may not be able to assist with cancellation. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number you provided when placing the order.

Your purchase transaction will only be processed for returns or exchanges in accordance with our Refund Policy [link].

You represent and warrant that you are purchasing products for personal or household use only and without any commercial resale or export intent.

Section 4 – Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time you place your order, which will also be listed in your order confirmation email. Unless otherwise explicitly stated, published prices do not include taxes, shipping, handling, customs, or import fees.

Prices posted on our online store may differ from those offered in physical stores or online or other stores operated by third parties. We may sometimes offer promotional discounts for the Service that may affect pricing; such promotions are governed by separate terms of service independent from these Terms. If there is any conflict between promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide complete, accurate, and up-to-date purchase, payment, and account information for all transactions made in our store. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) the charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges you incur, including all shipping and handling charges and all applicable taxes (if any), at the published prices.

Section 5 – Shipping and Delivery

We are not responsible for shipping or delivery delays. All delivery times are estimates only, and we make no guarantees. We are not liable for delivery delays caused by carriers, customs processing, or events beyond our control. Title to and risk of loss for the products pass to you upon our transfer of the products to the carrier.

Section 6 – Intellectual Property

Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as the related design, selection, and arrangement, are owned by Bense, its affiliates, or licensors and are protected by United States and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Service only for non-commercial, personal purposes. Without our prior written consent, you may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service. Unless expressly provided in these Terms, nothing herein shall be construed as granting you any license or right to any patent, trademark, copyright, or other intellectual property of Bense, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Bense reserves all rights not expressly granted in these Terms.

The names Bense, logos, product and service names, designs, and slogans are trademarks of Bense or its affiliates or licensors. You may not use such marks without the prior written permission of Bense. The name Shopify, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Section 7 – Optional Tools

As part of the Service, you may be provided with access to customer tools provided by third parties, which we do not monitor, control, or contribute to.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Service (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 – Third-Party Links

The Service may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Service to access such materials or third-party websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to any third-party websites, or to the purchase or use of any products, services, resources, or content on any such websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 9 – Relationship with Shopify

[Merchant Note: This section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]
Bense is powered by Shopify, which enables us to provide the Service to you. However, any sales and purchase transactions you conduct in our store are conducted directly through Bense. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sales transactions between you and Bense, including any injury, damage, or loss caused by the purchased products or services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase activities and transactions with Bense.

Section 10 – Privacy Policy

All personal information we collect through the Service is governed by our Privacy Policy, which can be viewed here [link], and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. Use of the Service signifies that you have read these privacy policies.

As the Service is hosted by Shopify, Shopify will collect and process personal information about your visit to and use of the Service in order to provide and improve the Service for you. Information you submit to the Service will be transmitted to and shared with Shopify and potentially third parties located in countries other than your own to provide the Service to you. Please review our Privacy Policy [link] for more details on how we, Shopify, and our partners use your personal information.

Section 11 – Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, copy, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service and to fulfill and exercise our obligations and rights under these Terms of Service.

You further represent and warrant that: (i) you own or have the necessary rights to submit all Feedback; (ii) you have disclosed any compensation or rewards received for submitting Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation, now or in the future, (1) to keep your Feedback confidential; (2) to compensate you for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback 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. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 12 – Errors, Inaccuracies, and Omissions

Occasionally, there may be information on the Service or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 13 – Prohibited Uses

You may access and use the Service only for lawful purposes. You may not access or use the Service, directly or indirectly, for: (a) any illegal or malicious purpose; (b) in violation of any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (i) for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine, in our sole discretion, that you have violated any provision of these Terms.

Section 14 – Termination

We may terminate this agreement or your access to the Service (or any part thereof) at any time in our sole discretion without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following provisions will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 15 – Disclaimer

Information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

Unless otherwise expressly stated by Bense, the Service and all products provided through the Service are provided on an "as is" and "as available" basis for your use, without any express or implied representations, warranties, or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions may not apply to you.

Section 16 – Limitation of Liability

To the maximum extent permitted by law, in no event shall Bense, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify and its affiliates' aforementioned parties, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Section 17 – Indemnification

You agree to indemnify, defend, and hold harmless Bense, Shopify, and our and their respective parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Service.

We will provide notice to you of any indemnifiable claim, and failure to give prompt notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby. We may control the defense and settlement of such claim at your expense, including selecting counsel, but we will not settle any claim requiring you to bear non-monetary obligations without your consent (not to be unreasonably withheld). You will cooperate in the defense of an indemnified claim, including providing relevant documents.

Section 18 – Severability

If 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.

Section 19 – Waiver; Entire Agreement

Our failure 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 constitute 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.

Section 20 – Assignment

You may not assign, transfer, or delegate this agreement or your rights or obligations hereunder without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate this agreement and our rights and obligations without your consent or prior notice.

Section 21 – Governing Law

These Terms of Service and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of the federal, state, or local courts in the jurisdiction where Bense's headquarters are established. You and Bense agree to submit to the personal and subject matter jurisdiction of such courts.

Section 22 – Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 23 – Changes to Terms of Service

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

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 24 – Contact Information

Questions about the Terms of Service should be sent to us at support@bappkon1.com.

Our contact information is posted below: support@bappkon1.com