Introduction

These Terms and Conditions (“Terms”) govern your access to and use of our website bioclaire.shop (the “Site”) and our Bio Claire® products and services (collectively, the “Services”), so please carefully read them before using the Site or Services.

By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site or Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features, tools, or resources added to the current Site and Services shall also be subject to these Terms. You can review the most current version of these Terms at any time at this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site and/or Services following the posting of any changes constitutes acceptance of those changes.

You must be at least 18 years old to use our Site or Services.

By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years old.
• You have not previously been suspended or removed from the Site or Services.
• Your registration and your use of the Services is in compliance with all applicable laws and regulations.

Accounts registered by bots or other automated methods are not permitted.

Key Terms

The following definitions apply:

• A “Consumer” refers to any individual who purchases Bio Claire® products for personal use.
• A “Contributor” refers to someone who submits content to the Site or Services.
• “Content” refers to any information, data, or other content submitted by Contributors.
• “User” refers to anyone who uses the Site or Services.

Account Terms

You must be at least 18 years old to create an account. By creating an account, you represent that you are at least 18 years old. Accounts registered by bots or other automated methods are not permitted.

You are responsible for safeguarding your account login credentials and for any activities or actions under your account. We encourage you to use “strong” passwords and not re-use passwords across different websites. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your account. We will not be liable for any loss or damages resulting from unauthorized use due to no fault of our own.

You may not create more than one personal account. Additional accounts registered by you will be deleted without warning.

User Content

We may provide features that allow Users to submit content, including reviews, photos, videos, ratings, audio recordings, and other information and materials. Any content a User submits is referred to as “User Content.”

You retain ownership of your User Content. However, by submitting User Content via the Services, you grant us an unlimited, worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable, and transferable 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.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or adopt any User Content, and we make no representations or warranties of any kind regarding any User Content, including regarding its accuracy or integrity. We assume no liability or responsibility for any loss or damage resulting from any User Content provided by you or any other user.

However, we reserve the right to remove or modify any User Content from the Services at our discretion.

Product Reviews

The Services may allow you to submit reviews of our products. Any reviews submitted via the Services may be made public.

When reviewing products, you agree to describe your own honest real-world experiences with the products. Reviews simply saying “it’s great” or “it’s terrible” without any further detail or explanation are not permitted.

Reviews must be accurate, truthful, and complete. Deceptive, false, or misleading reviews are prohibited. This includes, but is not limited to:

• Reviews written by someone other than the named reviewer, including employees, owners, family members, or friends.
• Reviews that contain inaccurate factual claims or information not based on a real experience with the product.
• Reviews written solely for promotional, marketing, or commercial purposes.

You may not submit any reviews that infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.

We reserve the right to remove or modify reviews for any reason at our discretion. However, because reviews reflect the opinions and experiences of our customers, we are generally limited in our abilities to edit, fact-check, or monitor reviews.

Order Terms

You must be at least 18 years old to place an order on our Site. By submitting an order, you represent that you are at least 18 years old.

All orders are subject to acceptance, availability, and validation checks. We reserve the right to refuse or cancel any order for any reason at any time prior to shipment.

After an order is confirmed and shipped, that sale is final; no returns or exchanges are permitted except for defective products (see below). We reserve the right to limit order quantities on any products advertised on the Site.

The prices displayed on the Site are quoted in U.S. dollars and must be paid in U.S. dollars. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may collect sales tax on orders, depending on applicable law. Any applicable taxes will be added to your order during checkout.

Shipping costs will be calculated and displayed at checkout based on your address. We may ship products separately if needed. For shipments outside the U.S., additional restrictions, duties, tariffs, and fees may apply. We are not liable for any customs requirements or fees levied once an international order reaches your country.

Title to products passes to you once shipped. Loss or damage during shipping does not void the sale.

Returns and Refunds

No returns or exchanges are permitted for any reason, except for damaged or defective products.

If you receive a damaged or defective product, you must notify us within 7 days of receipt of the product and return the product to us within 30 days for a full refund or exchange. We may require photographic evidence clearly showing the damage or defect. Used products or products showing signs of use cannot be returned for damaged/defective refund or exchange.

To return a damaged/defective product:

1. Contact us at [email protected] to obtain an RMA number. Returns will not be accepted without an RMA number.
2. Pack the product securely in the original package if possible.
3. Ship via a trackable shipping carrier to the return facility address provided. Keep proof of shipment and tracking information.
4. Clearly write the RMA number on the outside of the package.

Return shipping costs must be prepaid by you. We recommend shipping returned products via UPS or FedEx with tracking and insurance, as risk of loss or damage during return shipping is borne by you. We are not responsible for lost or damaged return shipments.

After inspecting the returned product, we will process your refund or replacement as applicable based on these Terms. Refunds are generally issued back to the original payment method used for the order, and may take 3-5 business days to reflect on your statement.

Intellectual Property

The Site and Services contain intellectual property owned by Bio Claire, our affiliates, and our licensors, including trademarks, copyrights, proprietary information, and other intellectual property. You agree not to copy, modify, create derivative works based on, publicly display, publicly perform, republish, download, store, or transmit any of the material contained on our Site or provided through the Services, except to:

• Store copies of information temporarily in RAM and for your personal, non-commercial viewing only.
• Display portions of information for search engine results.
• Print a reasonable number of pages for your own personal, non-commercial use.

No right or license is granted to you directly or by implication, estoppel, or otherwise, except for the limited rights and licenses expressly stated in these Terms or granted by us in writing.

Third-Party Content

The Site and Services may contain links to third-party websites or resources. We provide these links only as a convenience.

Such links do not imply our affiliation, endorsement, or adoption of any third-party content. We do not control and are not responsible for third-parties or their websites or applications. It is your responsibility to review the terms of use and privacy policies of any third-party website or application you access.

User Feedback

If you submit questions, comments, suggestions, or other feedback regarding the Site or Services to us (“Feedback“), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you. We will own all Feedback, including derivative works based on the Feedback.

Disclaimers

THE SERVICES AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE SERVICES OR THEIR FUNCTIONALITY, PERFORMANCE, OR FOR ANY CONTENT. WE MAY SUSPEND, WITHDRAW, DISCONTINUE OR CHANGE ALL OR PART OF THE SERVICES WITHOUT NOTICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Our total liability to you for any loss or damage resulting from any use of the Services or Site shall be limited to the greater of (1) the total amount, if any, paid by you to us in the 12 months prior to the action giving rise to the liability, or (2) $100.

Indemnification

You will defend, fully indemnify, and hold harmless us and our officers, directors, employees, contractors, agents, vendors, suppliers, successors, permitted assigns, affiliates, subsidiaries, and their directors, officers, employees, contractors and agents (together the “Indemnified Parties”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

• Your access to, use of, or alleged use of the Services or Site;
• Your User Content;
• Your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
• Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
• Any dispute or issue between you and any third party.

We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification pursuant to these Terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.

Force Majeure

We are not liable for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your right to treat your Order as discharged in case of any such delay or failure.

Modifications

We reserve the right to modify these Terms from time to time. Updated versions of these Terms will appear on this webpage and are effective immediately. You are responsible for reviewing and becoming familiar with any modifications. Your continued use of the Site or Services after modifications become effective constitutes your acceptance of the modified Terms.

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way without our prior written consent. We may assign, delegate, or transfer these Terms and our rights and obligations hereunder without your consent.

Governing Law

These Terms and any action related thereto shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.

Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms and/or our Services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in the State of Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Delaware necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

Waivers

Any waiver by us of these Terms, or any failure to insist upon strict compliance with any of these Terms, shall not operate or be construed as a waiver of any subsequent breach or waiver of that or any other term of these Terms. No waiver shall be valid unless in writing.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede any prior agreement, whether written or oral, between you and us.

Contact

If you have any questions about these Terms, please contact us at:

Bio Claire
123 Bio Claire Lane
San Francisco, CA 94105
United States

Email: [email protected]