Terms & Conditions

TERMS OF USE

 

Last Revised March 16, 2020

 

THESE TERMS REQUIRE ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL AND CLASS ACTION LAWSUITS, AND LIMIT BIJAN's LIABILITY IN A DISPUTE.           

 

Welcome to the House of Bijan website (the “Website”), and thank you for using the services offered by Bijan Boutiques, LLC and Bijan Boutiques Las Vegas, LLC (collectively, “Bijan”, “we”, “us”, or “our”) to you, the user (“you, your”). Bijan operates and offers the Website and other social media pages including Facebook, Twitter, and Instagram (collectively, with the Website, the “Sites”) and offers information and sales of products and services on the Sites (the “Services”). Use of the Sites, including all information, tools and services available on the Sites, is conditioned on your acceptance of all terms, conditions, policies and notices stated in these Terms of Use, which form an agreement between you and Bijan.

 

TABLE OF CONTENTS

 

  1. ACCEPTANCE OF THE TERMS OF USE
  2. PRIVACY POLICY
  3. PERMITTED USERS
  4. PERMITTED USES
  5. PROPRIETARY RIGHTS
  6. INACCURACY DISCLAIMER
  7. MODIFICATIONS TO THE PRODUCTS SERVICES AND PRICES
  8. BILLING AND ACCOUNT INFORMATION
  9. COMMUNICATIONS WITH YOU
  10. LINKS TO EXTERNAL WEBSITES, APPLICATIONS, AND SOURCES
  11. USER GENERATED CONTENT
  12. SECURITY
  13. DISCLAIMER OF WARRANTIES
  14. LIMITATION OF LIABILITY
  15. INDEMNIFICATION
  16. GOVERNING LAW
  17. ARBITRATION AND JURY TRIAL WAIVER
  18. NOTICE REQUIRED BY CALIFORNIA LAW
  19. ACCESSIBILITY
  20. GENERAL CONDITIONS
  21. CONTACT INFORMATION

 

  1. ACCEPTANCE OF THE TERMS OF USE

 

By accessing the Sites or making a purchase through the Website, you engage with our Services and agree to be bound by the terms and conditions of this Terms of Use (“Terms”), including the Privacy Policy and those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Sites, including without limitation users who are browsers, customers, merchants, vendors, job candidates, and/or contributors of content.

 

Please read these Terms carefully before accessing or using the Sites. By accessing or using any part of the Sites, you agree to be bound by these Terms as an agreement with Bijan. If you do not agree to all the Terms, then you may not access the Sites or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms. It is your responsibility to check the Website periodically for changes. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use, or browse the Sites, you signify your acceptance of the then-current Terms.

 

  1. PRIVACY POLICY

 

We encourage you to read our Privacy Policy, which is incorporated into these Terms, so that you may make an informed decision about using the Sites and Services. The Privacy Policy describes our practices and procedures regarding the collection, use and disclosure of information about Site users and others. If you do not agree with or accept the terms of the Privacy Policy, you are not authorized to access, use, or browse the Sites.

 

  1. PERMITTED USERS

 

The Sites and Services are directed to persons 18 years of age or older. By using the Sites, you represent that you are 18 years of age or older and capable of entering into a contract, and that you are not prohibited from accessing, using or browsing the Sites or receiving services under the laws of the United States of America. If you are a minor in the jurisdiction where you reside, you are not permitted to use the Sites or any Services.

If you are an agent, administrative assistant or other representative using the Sites or communicating with Bijan on behalf of another person, you represent that you are authorized to act on behalf of the other person and that your actions and the information you provide are binding on the other person.

 

  1. PERMITTED USES

 

You may access and use the Sites and Services solely for purposes permitted under these Terms, including (1) to browse, select, and/or purchase Bijan products; (2) to open an account or update your user preferences or account information; or (3) to communicate with Bijan or other users. Any use of the Sites in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or other applicable law.

 

You may not use the Sites and Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any applicable laws, regulations, rules or ordinances; (d) to infringe or violate intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may be used or intended to affect the functionality or operation of the Sites or Services, users’ devices, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, or use any form of bot or automated code; (j) for any obscene or immoral purpose; (k) for any commercial purpose other than to transact with Bijan; or (l) to interfere with or circumvent the security features of the Sites or Services, users’ devices, other websites, or the Internet.

 

We reserve the right, at our sole discretion, to terminate your use of the Sites or Services for violating the Terms or engaging in any of the prohibited uses.

 

  1. PROPRIETARY RIGHTS

 

You acknowledge and agree that, as between Bijan and you, all right, title, and interest in and to the Sites and Services, including without limitation any patents, copyrights, trademarks, trade dress, brands, designs, look and feel, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Bijan, and are protected by United States intellectual property and other applicable laws.  You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Sites or Services other than as expressly authorized by Bijan in writing. You acknowledge and agree that Bijan, in its sole discretion, may terminate your access to the Sites and Services if you infringe the intellectual property rights of Bijan or others.

 

Copyright: All content on the Sites, including any artwork, photograph, video, music, text, or other copyrightable content, is the copyright and property of Bijan or its licensors, and protected by United States and international copyright laws.   

 

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Sites are proprietary to Bijan. Any third party trademark referenced on the Sites does not constitute or imply affiliation with, endorsement, or recommendation of Bijan by the respective trademark owner(s), or by Bijan of the respective trademark owner(s). Without limitation, BIJAN® and BIJAN V.I.P.® are trademarks registered in the United States Patent and Trademark Office and owned by Bijan, and HOUSE OF BIJAN™, BIJAN DESIGNER FOR MEN Logo™, BIJAN (stylized)™ and the color yellow are unregistered trademarks owned by Bijan.

 

  1. INACCURACY DISCLAIMER

 

We have made every effort to display, as accurately as possible, the descriptions, colors and characteristics of the products that appear on the Sites. However, we cannot guarantee that your monitor's display of any color will be accurate.

 

Occasionally information on the Sites may contain typographical errors, inaccuracies, or omissions that relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

 

We do not warrant that the quality of any products or services purchased or obtained by you will meet your expectations, that the descriptions of products on the Sites are error-free, or that any errors in descriptions of the product the services will be corrected. If upon receipt of any purchase you believe that it is not as described on the Sites, your sole remedy is to return it in unused condition, subject to Bijan's Return Policy.

 

We have no obligation to update, amend or clarify information on the Sites, including without limitation pricing information, except as required by law. No specified update or refresh date applied on the Sites should be taken to indicate that all information on the Sites has been modified or updated. The material and information presented by Bijan on the Sites is intended to be used for informational purposes only. Any reliance on material found on the Sites is at your own risk.

 

  1. MODIFICATIONS TO THE PRODUCTS, SERVICES AND PRICES

 

All prices and descriptions are subject to change without notice, at our sole discretion. Certain products may be available exclusively online through the Sites and/or be offered in limited quantities.

 

We reserve the right to limit, refuse, or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to refuse or cancel an order due to suspected fraud, unauthorized, or illegal activity. We also reserve the right, but are not obligated, to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We may exercise these rights on a case-by-case basis. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. We reserve the right to modify or discontinue any products, Sites and Services (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 any products, Sites or Services.

 

  1. BILLING AND ACCOUNT INFORMATION

 

Some areas of the Sites may require you to register an account with us. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your account for any reason or no reason. In registering with or using the Sites, you agree to provide, maintain, and update information that is true, accurate, current and complete, so that we can execute your transactions and contact you as needed to fulfill your order(s). If we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites or your account.

 

You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Bijan of any unauthorized use of your password or account or any other breach of security. Bijan will not be liable for any loss or damage arising from your failure to comply with this Section.

 

  1. COMMUNICATIONS WITH YOU

 

If you have provided us with your contact information or requested information from Bijan, we may communicate with you through email, postal mail, and/or other methods of communication. By submitting your information, you agree that we are authorized to send email, postal mail and other communications to you to respond to your communications and to provide you with information about our products and services. If you have initiated communication, provided us with your mobile number, or requested that transactional correspondence from us be sent to your mobile device, we may call you or send you a text message with such communications to the telephone number(s) you have provided to us. If required by applicable law, we will seek your prior written consent before doing so.. You are responsible for any online rates and fees, including any data charges, of any internet service or wireless carrier. 

 

You may opt out of promotional emails by following the opt-out or unsubscribe instructions at the bottom of each promotional email from us, or by contacting us at clientservices@bijan.com. Additional opt-out instructions are described in Section 9 (“Your Choices”) of the Privacy Policy. Unless otherwise stated in these Terms, you may not opt-out of receiving communications regarding your orders, dealings with the Sites, transactions with us or other technical information about the Sites. Where we need your information to provide our products and services to you or enable the use of the Sites, and if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our products or services or the use of our Sites.

 

  1. LINKS TO EXTERNAL WEBSITES, APPLICATIONS, AND SOURCES

 

The Sites may provide links to the websites, applications, and/or services of others (“Third-party Links”). The display or accessibility of Third-party Links on the Sites do not constitute an endorsement by Bijan of such Third-party Links, or the products, content, materials or information presented or made available by such Third-party Links.  We are not responsible for examining or evaluating the content or accuracy of Third-party Links. We do not warrant and will not have any liability or responsibility for any materials, products, websites, or services of third-parties made in connection with any Third-party Links..

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-party Links. Please carefully review 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 Links should be directed to the third-party.

 

  1. USER GENERATED CONTENT

 

The Sites may contain comments, rankings, and/or other communication forums designed to enable users to communicate with other users or Bijan (collectively, “Communication Services”). If you choose to engage with the Communication Services, you acknowledge and agree that you are solely responsible for the content that you post, share, email, transmit or otherwise make available on the Sites (a “Submission”) and agree any Submission is subject to these Terms. You acknowledge that your Submissions may be available to others on the Sites and elsewhere, including other websites and services. You agree only to post Submissions that are appropriate, not confidential or private, and related to the particular Communication Services. You are responsible for the Submissions you make or post to the Sites. You should only contribute Submissions that you are comfortable sharing with others under these Terms.

 

Any Submission is strictly that of the originating author, who is solely responsible for its content. Use of or reliance on Submissions is entirely at your own risk. Bijan does not endorse any Submissions or vouch for their reliability. Under no circumstances will Bijan be liable in any way for any Submission.

 

Bijan may or may not pre-screen Submissions, but we have the right (but not the obligation) in our sole discretion to pre-screen, revise, refuse, delete and/or move any Submissions in Bijan’s sole discretion. Bijan shall have no liability for such actions or failure to take any action.

 

You understand that by using the Sites, you may be exposed to Submissions that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any Submissions. You agree that you will evaluate and bear all risks associated with posting your Submission and any disclosure in your Submission.

 

By making a Submission, you grant Bijan and its affiliates, subsidiaries, directors, officers, employees, licensors, licensees, suppliers, service providers, agents, assignees and designees (the “Bijan Parties”) an irrevocable, assignable, transferable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display and create derivative works of your Submission (in whole or in part), along with your name, username or any part thereof, your city/state of residency, and other information from your user profile, in Bijan’s sole discretion, on the Sites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, marketing, review, recommendation, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and waive, release, and will hold Bijan Parties harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.

 

Digital Millennium Copyright Act Compliance:   

 

If you believe that your work has been copied and is accessible on this Sites in a way that constitutes copyright infringement, you may notify Bijan by providing the following information as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2):

 

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works on the Sites;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bijan to locate the material;
  • Information reasonably sufficient to permit Bijan to contact you, such as an address, telephone number, and if available, an email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Please send the written communication to Bijan’s designated agent by email and United States Mail to:

Bijan Boutiques, LLC

443 N. Rodeo Dr.

Beverly Hills, CA, 90210, United States

Phone: 1(833)343-0071

Email: clientservices@bijan.com

Subject: “DMCA Request”

 

  1. SECURITY

 

Bijan uses reasonable security measures to protect against possible loss, misuse or alteration of personally identifiable information gathered through the Sites. However, you should maintain copies of any account information or Submissions that you may want to preserve. No transmission of data over the internet is guaranteed to be secure. It may be possible for third parties that are not under Bijan's control to intercept or access transmissions or private communications unlawfully. Neither Bijan nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your sole risk.

 

  1. DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITES OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT AND NON-INTERRUPTION.

 

WITHOUT LIMITING THE FOREGOING, BIJAN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

 

  1. LIMITATION OF LIABILITY

 

IN NO CASE SHALL THE BE LIABLE FOR 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, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITES OR SERVICES OR ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SITES OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE FOREGOING, 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 SITES OR SERVICES OR ANY CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

  1. INDEMNIFICATION

 

You agree to indemnify, defend, fully compensate, and hold the Bijan Parties 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You acknowledge and agree that Bijan’s rights with regard to these Terms are special and unique and that any breach hereof may not be adequately compensated by money damages, and that Bijan has the right to specifically enforce (including injunctive relief where appropriate) these Terms.

 

  1. GOVERNING LAW

 

With the exception that the enforceability of the “Arbitration and Jury Trial Waiver” provision below is governed by the Federal Arbitration Act, you agree that these Terms of Use, the Privacy Policy, any other documents or agreements whereby Bijan provides you the Sites, Services or products, and any dispute that might arise between you and Bijan, shall be governed by and construed in accordance with the laws of the state of California, without regard to principles of conflict of laws.

 

  1. ARBITRATION AND JURY TRIAL WAIVER

 

Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. A “dispute” as used in these Terms means any controversy or claim arising out of or related to these Terms, the subject matter of these Terms, or in connection with your use of the Sites or Services. 

 

You agree that any dispute between you and Bijan arising out of or relating to these Terms or the Privacy Policy, Sites, Services, or the relationship of the parties hereunder will be decided only by arbitration administered by the American Arbitration Association (“AAA”) and in accordance with the Federal Arbitration Act. By agreeing to arbitration, you understand that you will not have the right to a trial by jury with regard to any dispute arising out of or relating to these Terms or the Privacy Policy, Sites, Services or relationship of the parties hereunder.

 

You further agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with the claims of any other person and you agree not to participate in any claim brought by other persons, whether in arbitration or litigation; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED OR ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other person; and (4) you have no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general action. To the extent that the foregoing sentence or any portion thereof is found to be unenforceable, or if arbitration is prohibited by law, you and Bijan agree that such claims will not be decided in arbitration and must be litigated exclusively in a civil court of competent jurisdiction located within the Central District of California, which venue is the most convenient and appropriate for the resolution of disputes concerning these Terms.

 

  1. NOTICE REQUIRED BY CALIFORNIA LAW

 

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

 

The name, address and telephone number of the provider of the Sites is Bijan Boutiques, LLC, 443 N. Rodeo Dr., Beverly Hills, CA, 90210, United States. Complaints regarding the Sites or requests to receive further information regarding use of the Sites may be sent to the above address or to 1(833)343-0071.

 

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

 

  1. ACCESSIBILITY

 

Bijan is committed to making our Website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this Website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call us or email our team at clientservices@bijan.com or 1(833)343-0071 with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. 

 

  1. GENERAL CONDITIONS

 

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. You understand that content you provide to the Sites (including personally identifiable information and Submissions, but not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, servers, and locations; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted by Shopify, a Bijan service provider, during transfer across networks. Bijan’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Sites or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Sites and Services, 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 these Terms). If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect.

 

  1. CONTACT INFORMATION

 

If you have any questions concerning these Terms, please contact us at clientservices@bijan.com or:

Bijan Boutiques, LLC

443 N. Rodeo Drive

Beverly Hills, CA, 90210, United States

+1(833)343-0071