Terms of service
TERMS OF SERVICE
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SERVICE (“TERMS” or “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of this website, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by BVG LVDY Wholesale (“BVG LVDY Wholesale,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, purchasing from, or placing an order through the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER AND A BINDING ARBITRATION PROVISION THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY OR IF YOU OPT OUT.
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
OVERVIEW
This website is operated by BVG LVDY Wholesale. Throughout the site, the terms “we”, “us” and “our” refer to BVG LVDY Wholesale. BVG LVDY Wholesale offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
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, or that you are the age of majority in your 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.
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.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2B - NON-CLASS ACTION CLAUSE
You agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, your use of the website, or any products or services purchased from BVG LVDY Wholesale shall be resolved on an individual basis. To the fullest extent permitted by applicable law, you expressly waive any right to bring or participate in any class action, class arbitration, private attorney general action, or any other representative proceeding against BVG LVDY Wholesale.
All claims and disputes must be litigated individually, and not consolidated with any other individual’s or entity’s claims.
SECTION 2C - BINDING ARBITRATION CLAUSE
Any dispute, controversy, or claim arising out of or relating to these Terms of Service, your use of the website, or any products or services purchased from BVG LVDY Wholesale shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration shall be conducted by a single, neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) or another recognized arbitration organization mutually agreed upon by both parties.
By agreeing to arbitration, both parties waive the right to a trial by jury or to participate in a class action lawsuit.
OPT-OUT RIGHT. You may opt out of arbitration within thirty (30) days of the date you first purchase from us or first enroll in a subscription by sending written notice to: support@bvglvdywholesale.com with the subject line “Arbitration Opt-Out.” Your notice must include your full name, the email address used at checkout, your order number (if available), and a clear statement that you wish to opt out of arbitration.
SECTION 2D - PAYMENTS AND BILLING INFORMATION
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order, including any applicable taxes and other charges.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
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.
SECTION 5 - PRODUCTS OR 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 Refund Policy.
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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third parties.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate 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.
SECTION 12 - PROHIBITED USES
You are prohibited from using the site or its content for any unlawful purpose, to violate laws or regulations, to infringe intellectual property rights, to harass or harm others, to submit false information, to transmit malware, to collect personal information of others, or to interfere with the security features of the Service or related websites.
SECTION 13 - 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.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
In no case shall BVG LVDY Wholesale, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BVG LVDY Wholesale and our affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees from any claim or demand arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
SECTION 16 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us.
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 may terminate this agreement at any time without notice.
SECTION 17 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service.
SECTION 18 - 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 laws of the United States and the applicable laws of your governing state.
SECTION 19 - SUBSCRIPTIONS; AUTOMATIC RENEWAL; BILLING AUTHORIZATION; CANCELLATION
a) Subscription enrollment. If you select a subscription option, you authorize BVG LVDY Wholesale to charge the payment method you provide on a recurring basis at the frequency disclosed at checkout until you cancel in accordance with these Terms.
b) Automatic renewal and recurring charges. By enrolling, you acknowledge and agree that your subscription will automatically renew and that BVG LVDY Wholesale or its payment processor is authorized to charge the then-current subscription price, plus applicable taxes and shipping if applicable, to your payment method for each renewal unless and until you cancel.
c) Billing date and shipment timing. Your billing date is based on the date of your initial subscription purchase and/or the renewal schedule displayed in your customer portal. We may bill your payment method before a shipment is processed and shipped.
d) How to manage or cancel. You may cancel your subscription at any time by logging into your customer account or subscription portal and following the cancellation instructions, or by contacting Customer Support at support@bvglvdywholesale.com.
e) Cancellation cutoff. To avoid being charged for the next scheduled renewal and shipment, you must cancel at least twenty-four (24) hours before your next scheduled billing or shipment processing time.
f) No refunds after processing. Once an order has been processed or shipped, it cannot be canceled. Refunds or returns, if any, are governed exclusively by our Refund Policy.
g) Payment failures; reattempts; collections. If your payment method cannot be charged, we may reattempt the charge, suspend or cancel your subscription, and/or contact you for updated payment information.
h) Account updater. We may use an account updater service supported by your card network or bank to obtain updated card numbers and expiration dates when your card changes.
i) Price changes. We may change subscription prices from time to time. Any price change will apply beginning with the next renewal after we provide notice as required by applicable law.
SECTION 20 - DELIVERY CONFIRMATION
You agree that carrier delivery confirmation, including tracking information showing a shipment as “Delivered,” shall be conclusive and sufficient proof of delivery to the shipping address provided at checkout, even if no signature is obtained. Once a package is marked as delivered by the carrier, BVG LVDY Wholesale shall not be responsible for any loss, theft, damage, or misdelivery occurring thereafter.
SECTION 21 - ORDER PLACEMENT AND ACCEPTANCE
Your receipt of an electronic order confirmation, order number, or any other confirmation does not constitute acceptance of your order by BVG LVDY Wholesale. We reserve the right, in our sole discretion, to accept, refuse, cancel, or limit any order at any time and for any reason.
SECTION 22 - CHANGES TO TERMS OF SERVICE
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.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@bvglvdywholesale.com.
Our contact information:
BVG LVDY Wholesale
Website: https://bvglvdywholesale.com
Email: support@bvglvdywholesale.com
Phone: 13025602850